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Deliberate Infringement of Trade Marks is a Crime

Deliberate infringement of others' trade marks is a crime and perpetrators can expect severe punishment. In one case, a businessman who rode roughshod over a former trading partner's goodwill received a suspended prison sentence and a five-year...

Workplace Data Leaks - Motor Insurer Wins Six-Figure Compensation

Miscreant employees often form the first link in a chain which feeds the black market in personal data. However, as a ground-breaking High Court ruling showed , anyone who profits from the use of such illicitly leaked material risks being hit hard in the...

Finance Company Behind Direct Marketing Email Campaign Fined £60,000

Unsolicited direct marketing emails, sent without informed consent, are viewed as a modern scourge by millions and those who engage in such campaigns can expect severe punishment. In one case, a finance company which broke the rules when promoting pre-paid...

Luxury Car Maker Defeated in David v Goliath Trade Mark Dispute

Trade marks are a powerful means of protecting your unique brand, even against much larger or more prestigious potential competitors. In one case, a small clothing company which sold its wares under the name 'Bentley' scored a High Court win over household...

Rival Products' Purple Packaging Triggers High Court Row

Consumers do not always read labels, so the packaging of a product, and its colour in particular, can be crucial in establishing brand loyalty. In a guideline case, the High Court considered whether the purple livery shared by rival pharmaceutical products...

Estate Agency Fined £80,000 for Exposing 18,000 Tenants' Data to Hackers

Businesses that store their clients' personal data are under a strict legal duty to keep it secure and any failure to do so is likely to have serious financial and reputational consequences. An estate agency whose negligence and technical ineptitude left the...

Packaging Patents Not Inventive Enough to be Valid

Patent protection is a valuable privilege that is only afforded to ideas and products that are genuinely novel and inventive. In a case on point, the High Court declared invalid two patents in respect of plastic food packaging on the basis that the central...

Copycat Design Proves Expensive for Retailer

There is almost nothing more frustrating for businesses than to see their successful products imitated by rivals. However, as a High Court case showed, expert lawyers are more than capable of putting a stop to such conduct if it amounts to a breach of...

Motor Industry Worker Who Profited From Theft of Data Ordered to Pay £25,500

In November 2018, a motor industry worker, Mustafa Kasim, was given a six-month prison sentence for accessing motorists' personal data on his employer's computer system without authorisation and selling it to rogue telemarketers. The case was brought by the...

Similar Product Names Do Not Always Lead to a Likelihood of Confusion

Rival products sometimes bear similar names but, when considering whether or not that is likely to cause confusion, judges place themselves in the shoes of average consumers. The High Court did just that in resolving a trade mark dispute in the cosmetics...
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