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Trade Marks

What is the basis for trade mark infringement?

We often get asked by prospective clients who have been accused of trade mark infringement; on what basis does a trade mark owner have a right to claim infringement? For sake of clarity, the answer is simple, a trade mark ...

Child
Medical Negligence

Understanding the Bolam Test (under review)

(Under review) Facts of the Case (Bolam vs Friern Hospital Management Committee) John Hector Bolam suffered from depression. In 1954, he voluntarily admitted himself to Friern Hospital, a mental health facility in North London. Seeking treatment, he agreed to undergo ...

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Trade Marks

What is genuine use of a trade mark? (invalidation of a trade mark)

A recent case, Claridge’s Hotel v Claridge Candles, is relevant in understanding what is considered to be genuine use of a trade mark. We will discuss what is considered to be genuine use in case you want to seek invalidation of ...

Copyright Infringement

Are search engines committing copyright infringement?

Copyright infringement occurs when someone uses the whole or a substantial part of a copyright work without permission, and there are no exceptions which apply. Search engines rely upon web crawlers to gather information, which is then indexed into a ...

Trade Marks

Does an unregistered trade mark give you any rights? (Laws of passing off)

The word trade mark is generally understood to mean a trade mark registered with the intellectual property office (IPO) of the country a trade mark has to be protected in. That is not the case. A trade mark can be ...

Confidentiality

What makes a confidentiality agreement (NDA) valid in England and Wales?

We get a number of requests from individuals who want to protect information they consider valuable through a confidentiality agreement or a non-disclosure agreement (NDA) as it’s known in the United States. We often advise that there are certain requirements ...

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