Intellectual Property Law

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Clients issue 1) Mr. Litt is currently having an issue with the Hartley’s firm, based on intellectual property. The Hartley’s firm is trying to reap off foxtons signage. A signage refers to the symbols, signs, or designs used in advertisement. From the images provided in the document, it is evident that Hartley’s is trying to reap off foxtons’ signage. Mr. Litt feels that the Hartley’s firm is being biased, by trying to reap off their signage. To solve this issue, Mr. Litt chooses to apply intellectual laws with the hope of ceasing Hartley’s biasness. Mr. Litt is not familiar with intellectual law. Therefore, to advise Mr. .Litt, the paper will focus on intellectual law, after which the paper will advice Mr. Litt on the relevant action to take. Overview on which law in place (Intellectual property) 2) Intellectual property (IP) may be defined as the creations and ideas of an individual. These ideas may include designs, images, or even symbols used in commerce. There have been various statutes in the UK that relate to IP. These statutes tend to emphasize the IP rights. These rights include, the patent, copy right, design, trademarks, among others. These statutes stipulate legal measures that tend to control intellectual issues, such as Mr.Litt’s issue with the Hartley’s firm. These statutes will be discussed in the next chapter. To elaborate more on these statutes, the discussion will also include previous cases, which relate to the statutes [1] Substandard of law (Passing off) 3)Passing‐offisacommonlawactionratherthanastatutorycauseofactionandisusedtopreventonepartyfromusingthegoodwillassociatedwithanotherpartyfortheirownbenefit.Passing‐offdoesnotprovidetheownerofthegoodwillwithamonopolyinthemark,ratheritprotectsthetrader’sbusinessagainstwhatcanessentiallybedescribedas”unfaircompetition” Thelawofpassingoffiswideandalsocoversgoodwillassociatedinslogans,visualimages,domainnamesandotherdescriptivematerial.Therearethreebasicrequirementstoestablishpassing‐off.The claimantmustestablish:‐ 1. that goodwill exists in his or her goods orservices, in the area where infringement hastakenplace; 2. misrepresentationbytheinfringertothepublicsuch that the public believe or are likely tobelievethatthegoodsorservicesofferedbytheinfringerarethoseoftheclaimant; 3. thathe/shehassuffereddamage,orthereisalikelihood of damage occurring, due to theinfringer’smisrepresentation. Damages available for passing off 4 ) In the case of passing off the following remedies are available:

  • Damages or an account of the defendants profits
  • An order for the delivery up or the destruction of the infringing articles or products
  • An injunction
  • An enquiry to establish loss

Cases and statutes in support for client 5 ) A famous case that involved copy right infringement in the UK was the case involving George Harrison v the B right Tune[2]. George Harrison was accused of plagiarizing a song. George was found guilty and as a result, George paid a total sum of 587.000.00. The case was later dismissed in 1981 . 6) The case that involved Google and apple is a famous case that revolved around the patent rights. The two companies had an issue over phone patent rights. Apple felt that Google was trying to reap off their new eject technology,

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