Foot Anstey has advised Santander Corporate & Commercial on its funding of £8m to Happy Days Nurseries to open settings in 10 new locations over the next three years.
The publishing of major independent research guide Legal 500 2015 has confirmed the continued progress of premier law firm Foot Anstey over the past 12 months.
On 26 May, The High Court ruled that Internet Service Providers (ISPs) must block access to seven sites, hosted outside the UK, that enable individuals to access and download eBooks in breach of copyright laws. This order was imposed on BT, Virgin Media, Sky, EE and TalkTalk in response to the Publishers Association (PA), who brought the claim, alleging that the ISPs had "actual knowledge" of the copyright infringements. The providers were given 10 days to comply with the Order.
The European Court has recently confirmed that the iconic 3-dimensional shape of Lego Furis ("Lego") is capable of being a protected trade mark.
Research conducted by the European Commission (EC) has revealed that 45% of companies that are considering selling digital services online regard copyright restrictions as an issue which prevents them from selling abroad. It is statistics like this that has prompted the EC to include a major overhaul of European copyright laws in their strategy for a Digital Single Market.
A recent European Court of Justice (ECJ) ruling appears to have lowered the threshold for what a copyright holder will need to demonstrate to prove that their distribution rights have been infringed.
A recent High Court ruling has found that the copyright exception for private copying, which came into effect last October, is unlawful on the basis that there was insufficient evidence for the Secretary Of State's conclusion that a compensation scheme for rights-holders was not required.
The concept of a cyber-threat is a relatively new one. Its meaning can be broad and is not limited to a third party attack on your business. It could conceivably include:
The European Commission has recently published (6 May 2015) its proposals for a Digital Single Market Strategy across Europe. The core focus behind the proposals is to ensure that the EU has an open and flexible approach to the dynamic digital economy with one consolidated regulatory framework for online and digital products and services rather than an increasingly fragmented one.
As the trend to cloud services shows no sign of abating, and the capability of those services increases, we take a look at 10 key things to think about when buying them:
On 30 April the High Court ruled that any websites currently enabling users to download 'Popcorn Time' apps providing access to material infringing copyright laws must be blocked by major UK internet service providers (ISPs). The order was imposed upon BT, Sky, Virgin, TalkTalk and EE in response to accusations from Twentieth Century Fox and Disney that each was, albeit indirectly, infringing copyright in their or other rights-holders' IP.
After weeks of campaigning, canvassing and debating, the result of the General Election is finally known. The Conservative party holds a majority government and are in a good place to start implementing the promises made to the public in party documents and its manifesto.
The General Court of the European Union (the 'Court') have upheld the Office for Harmonisation in the Internal Market's ('OHIM') ruling that the figurative and word sign 'SKYPE' is too similar to the word mark 'SKY.' As a result Microsoft, who own Skype, are unable to obtain a community trade mark for either the figurative sign or the word sign.
From 6 April 2020, designers who create mass-produced articles based on artistic works (such as furniture, fabric designs and jewellery), will benefit from an increase in the length of copyright protection available for their work.
Could the introduction of plain packaging on cigarette packets threaten the food and drink sector, and what about consumer choice?
3D printing is a technology that has developed rapidly over the last few years. It enables manufacturers to make goods quicker, more efficiently and with fewer man hours, which understandably makes it very appealing. Manufacturers are not the only ones utilising and benefiting from this technology. Individuals can now also purchase 3D printers for personal use. In the not too distant future consumers will be able to purchase and print their own goods from home. This article explores the intellectual property issues that manufacturers and designers face with 3D printing.
While musicians will frequently take lawful inspiration from another artist's creative work, the lines are often blurred when determining whether this lawful inspiration has crossed into the realms of an unlawful breach of copyright. Robin Thicke and Pharrell Williams recently learned this the hard way when they were found guilty of infringing the copyright contained within Marvin Gaye's 1977 hit 'Got to Give It Up', a decision that has cost them $7.3m in damages. Thicke and Williams' 2013 smash hit 'Blurred Lines', was held by a US jury to have eight substantially similar features to that of 'Got to Give It Up', including the keyboard line, bass and a similar beat. This was held to surpass the realm of generic coincidence despite the defence arguing that the sheet music and melody of the songs are very different.
Dating app "Tinder" has recently become involved in a dispute with website design company "WildFireWeb Inc" for alleged trade mark infringement. On 10 February 2015, it was reported that WildFireWeb filed an infringement claim against Tinder Inc alleging it had been using the "Tinder" name and a fire-themed logo for two years before the Tinder app's official release date in 2012.
The Government has responded to the Law Commission's 2014 report into the 'threat provisions' which currently govern intellectual property rights. The response, issued by the Intellectual Property Office and Department for Business Innovation and Skills, broadly accepts the Law Commission's recommendations and confirms the need for reform, specifically in relation to 'groundless threats'. A groundless threat occurs where a party is threatened with legal action for infringing the intellectual property rights of another party, where there is no basis for such proceedings.
The recent 'Trunki' case has raised the question of how businesses should register their Registered Community Designs (RCD). Following the finding of the Court of Appeal (CA), businesses need to be aware that if a computer generated image is submitted as part of the application to register a design, this may mean that elements other than simply the shape of the design will be considered when assessing if a different overall impression has been created.
The High Court have recently confirmed that Fresh Trading Ltd, who market smoothies under the brand Innocent, are the owner of copyright in its main brand logo – the halo topped cartoon face known as the "dude" – in a case that will act as a timely reminder for users of design/brand consultants.
The Court of Justice of the European Union (CJEU) has ruled that operators can set contractual limitations and restrictions in website terms and conditions to protect the information on their websites from 'screen scraping', where it is not already covered by the Database Directive or copyright law. 'Screen scraping' is the use of software to collect information from websites and online systems, in order to reproduce this data on a third party sites such as price comparison websites.
The European Court of Justice (ECJ) has ruled that copyright owners have an element of choice regarding the geographic location of the infringement proceedings.
Trade marks and corporate branding are integral elements to a business' asset portfolio. In considering and developing your trade mark, it is necessary to consider your competitors' trade marks and ensure that your trade mark is sufficiently different from a competitor's in order to avoid any confusion to consumers.