02.03.2021
When creating content, it is important to keep the right side of the IP line. Amelia Skelding talks through 5 top tips for influencers.
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1) Protection - Try to obtain registered protection for your brand e.g. your name, logo, domain etc. If you have registered your trade mark, you can use the ®, if not registered, you can use TM.
2) Content Ownership - If you create content, you should clarify in any agreement with the business that commissioned you that the ownership of any rights in the content belong to you.
3) Licences - Once you have ensured that you own the content in any agreement, the right to use the content can be granted through a licence (consider duration & usage).
4) Collaboration/partnerships - Influencers must be transparent about sponsored content and ensure that they do not breach advertising regulations (e.g. using #ad or #pr).
5) Exclusivity - Many companies require a degree of exclusivity when working with influencers, which means you might not be able to work with any of their competitors. It is important to consider the duration of exclusivity and any impact on your brand.
04.03.2025
Deceptive Trade Marks: When Branding Crosses the LineThis article explores the dangers trade mark owners may face if they adopt a deceptive trade mark and the lessons they can learn from the recent EU Board of Appeal (BoA) decision on the use of the mark TUNA for food products and retail services.
07.02.2025
Stripe Wars: Thom Browne Triumphs Over Adidas in Landmark CaseThe recent case of Thom Browne Inc. v. Adidas AG [2024] EWHC 2990 (Ch) represents a significant milestone in UK trade mark law, particularly in the realm of fashion and brand design. This High Court decision sheds light on the limits of trade mark protection, the role of consumer perception, and the fine line between brand distinction and monopolisation of design elements.
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