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Planning a digital marketing campaign鈥攃hecklist This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and the Checklist does not consider general issues in relation to transactional activity (eg contract formation, distance selling). It covers media selection, territorial targeting, agency contracts, data protection, advertising compliance, user-generated content, influencer engagement, prize and price promotions, and behavioural advertising. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, through their mobiles, tablets and video game consoles, virtually everywhere else. Alongside unrivalled potential audience numbers, it offers brands the opportunity to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are diverting more and more of their marketing spend from traditional media to...
Trade mark coexistence agreement鈥攃hecklist This Checklist identifies the key terms typically included in a trade mark coexistence agreement. It can be used as a checklist of issues to consider when drafting, reviewing or negotiating such agreements. It can also be adapted for use as a heads of terms to record basic agreed terms while a formal trade mark coexistence agreement is being negotiated. For guidance on how to do this, see Precedent: Heads of terms鈥攃ommercial contracts. For an example coexistence agreement, see Precedent: Trade mark coexistence agreement. For more information about the considerations to take into account when drafting a coexistence agreement, see Practice Note: Trade mark coexistence agreements. Checklist Points to consider Further information Notes (if any) (A) Key commercial considerations 鈽 Parties Confirm which entities will be party to the agreement鈥攊dentify which entities own the trade marks (and any associated rights) and which entities are using them. Confirm each party鈥檚 legal status and whether any third parties (such as group affiliates) will benefit from the proposed agreement....
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Intellectual Property Enterprise Court proceedings鈥攆lowchart This Flowchart outlines the typical steps and timetable involved in a set of proceedings in the Intellectual Property Enterprise Court (IPEC), formerly the Patents County Court. The IPEC forms part of the Intellectual Property List (Chancery Division) which forms part of the Business and Property Courts of the High Court. The general Intellectual Property List has two sub-lists: Patents Court and the IPEC. Claims may also be brought in a Business and Property Court regional centre. For further information about starting a claim in the Business and Property Courts, see Practice Note: Business and Property Courts. The same deadlines that apply to IPEC claims would apply to IPEC small claims track cases, but given the nature of a small claim, many of these steps would probably be absent from such a case. For further information, see Practice Notes: Intellectual Property Enterprise Court鈥攃osts capping in practice and Intellectual Property Enterprise Court鈥攑ractical points on case management and The Intellectual Property Enterprise Court Guide. Extensions of time...
UK trade mark infringement action鈥攆lowchart Stage 1鈥攑reparing to bring a claim and pre-action matters Claim preparation and pre-action matters鈥擯ractice Notes 鈥 Trade mark infringement鈥擴K 鈥 Trade mark offences 鈥 Trade mark and passing off disputes鈥攁 practical guide 鈥 Trade mark infringement and interim injunctions 鈥 How to run an IP dispute 鈥 Privilege and intellectual property 鈥 Types of dispute resolution 鈥 IP and mediation 鈥 IP and arbitration 鈥 UK Intellectual Property Office鈥攎ediation scheme 鈥 Disclosure scheme鈥攚hen and where it applies Claim preparation and pre-action matters鈥擟hecklist 鈥 Disclosure Scheme timetable鈥攃hecklist Claim preparation and pre-action matters鈥擣orms 鈥 Application for injunction 鈥 Application notice 鈥 Notice of hearing of application Stage 2鈥擫etter before action alleging infringement Letter before action鈥擯ractice Notes 鈥 Trade mark infringement鈥擴K 鈥 Trade mark and passing off disputes鈥攁 practical guide 鈥 Unjustified threats of intellectual property right infringement 鈥 How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement鈥擯recedent 鈥 Letter of claim鈥攖rade mark infringement Stage 3鈥攃ommencing proceedings Commencing...
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Social media and user-generated content This Practice Note examines some of the key risks associated with a brand鈥檚 usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: 鈥 online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) 鈥 online blogs (eg Twitter (now X), Blogger.com) 鈥 online forums (eg Mumsnet, Reddit) 鈥 online shops and auctions (eg eBay, Amazon) 鈥 online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) 鈥 online reference texts (eg Wikipedia) 鈥 online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...
Intellectual property protection for digital health This Practice Note discusses the various intellectual property (IP) rights that can be used to protect a digital health product. It also addresses other IP considerations, such as protection as a trade secret, the use of open source software, potential ownership disputes with employees and contractors, IP licences, and the protection of patient data. The Practice Note also considers IP strategy during digital health product development, from conception and initial research to advertising, marketing and sale and future developments and improvements. What is digital health? Digital heath falls at the intersection between healthcare IT and medical devices and covers the use of data to assist in the diagnosis, treatment, prevention and monitoring of diseases, as well as providing for healthcare practitioner support. The use of digital health devices to monitor patients can improve accessibility to healthcare services without substantially increasing costs. Digital health devices often have the capacity to feedback to medical professionals on a real-time basis, such that any abnormal...
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Teaming agreement鈥攕hort form This Agreement is made on [date] Parties 1 [Insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Party 1); and 2 [Insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Party 2) Each of Party 1 and Party 2 being a party and together the parties. BACKGROUND (A) Party 1 provides [insert description of goods and/or services]. (B) Party 2 provides [insert description of goods and/or services]. (C) The parties wish to submit a Bid as a joint tender to the Customer in response to the Invitation to Tender. (D) The parties wish to set out their obligations and regulate their rights in relation to the Bid and, if their Bid is successful, they intend to enter the Customer Contract[ and the Joint Venture Agreement] in accordance with this Agreement. The...
Letter of claim鈥攖rade mark infringement [Alleged infringer鈥檚 name and address] [Date] Dear [insert organisation name] [UK trade mark registration number [insert number(s)]] We are writing on behalf of [name and address of client] (鈥榦ur client鈥). We are writing to you about your activities and actions. The trade mark(s) Our client is the owner of UK trade mark registration number [number] for [details of trade mark鈥攅g word or logo] registered in [class OR classes] [class numbers] covering [among other things] [details of specification] (the 鈥楾rade Mark鈥). An extract of the register for the Trade Mark is enclosed with this letter. [Insert name of alleged infringing company] It has come to our client鈥檚 attention that you are [details of infringing activity] (the 鈥楢ctions鈥). Please see copies of [detail evidence of infringing actions] enclosed with this letter. For the avoidance of doubt, our client does not consent to the Actions. [Your Actions amount to use in the course of trade of a sign which is identical to the Trade...
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Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common understanding of the confidential nature of the other party, notwithstanding the clause itself? Lexis+庐 UK Commercial carries a suite of content on confidentiality within the topic: Confidential information. Generally speaking, case law refers to information which (a) is confidential in nature, and (b) has originated or been disclosed in circumstances such that the recipient is under an obligation to keep it confidential. The question of whether an obligation of confidentiality arises will very much depend on the individual circumstances. For instance, the question of whether the fact that party B is a business partner could be classified as confidential information (thereby restricting party A鈥檚 ability to advertise this fact) would, in the absence of any oral or written contract, legislative requirement or other professional or common law duty of confidentiality, probably hinge on the circumstances in which they became a business partner. This...
What is the position on using a third party registered trade mark in a phishing simulation email? These emails are used internally for training purposes and are intended to look as though they have come from the third party. We have assumed that the emails are used strictly for training purposes and the reader is in no doubt that this is so. In this regard, it may not be enough to say 'here are some emails, some of which are scams, can you spot them?' The reader must be warned in advance. Under section 10 of the Trade Marks Act 1994, use of a registered trade mark belonging to another is only prohibited if: 鈥 it is used without the consent of the registered trade mark owner, and 鈥 it is used in the course of trade The 'course of trade' means in a context where a trade is intended to be engendered by reason of the use of the trade mark. In this case, there...
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This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents, as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.
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