Intellectual Property Law Archives | Page 2 of 2 | SEQ Legal

How to register a UK trade mark without a lawyer

04 Apr 2011
Posted in Intellectual Property Law

It is sometimes thought that a solicitor or trade mark attorney must be instructed to register a trade mark. While this is a misconception, anyone thinking of applying to register a mark without a lawyer would do well to study the legal and procedural issues, as there are plenty of pitfalls for the unwary. The […]

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Domain name rights

A complainant in domain name arbitration proceedings must establish rights in the trade mark or name used to ground the complaint. For example, the Uniform Domain Name Dispute Resolution Policy (UDRP) only applies where: “[the registrant’s] domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights” […]

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Scraping, data mining and data harvesting

Many websites incorporate data obtained from other websites. It is sometimes thought that, where the data obtained is not protected by copyright (e.g. data consisting of postal addresses arranged alphabetically) there are no legal problems. This is however a mistake: the collection and re-use of such data can present significant legal risks. As a matter […]

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Scraping, data mining and data harvesting

Many websites incorporate data obtained from other websites. It is sometimes thought that, where the data obtained is not protected by copyright (e.g. data consisting of postal addresses arranged alphabetically) there are no legal problems. This is however a mistake: the collection and re-use of such data can present significant legal risks. As a matter […]

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Dealing with website content theft

28 Dec 2007
Posted in Intellectual Property Law

Website content theft is a common problem. Quality content can take a lot of time and effort (or money) to create – and it can be stolen in seconds by a child with a computer and a internet connection. Legal proceedings are the ultimate weapon, the nuclear option, in your armoury against website content theft. […]

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Database right: how it may protect your website

17 Dec 2007
Posted in Intellectual Property Law, Internet Law

Database right is similar to copyright, but distinct. Both database right and copyright may subsist in a single database quite independently. However, this note is concerned exclusively with the protection afforded to websites by database right, not copyright. In the UK, the key piece of legislation is the Copyright and Rights in Databases Regulations 1997. […]

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Joint ownership of copyright

22 Nov 2007
Posted in Intellectual Property Law

Clients usually think that joint ownership of copyright is a good thing; lawyers (in the UK at least) usually think that it is a bad thing. Why? A number of old English cases (e.g. Lauri v Renad in 1892, Powell v Head in 1879) established that a joint owner will not be allowed to exploit […]

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