The power of a registered trademark –

The Dutch chocolate brand, Tony’s Chocolonely is known for its ethical attitude and commitment to combating child labour in the cocoa industry by making their chocolates 100% exploitation free.

In a new marketing campaign that was unveiled in Germany and Austria, Tony’s launched four new temporary parody chocolate wrappers with an aim to enhance the visibility of exploitation within the cocoa industry.

One of the new parody wrappers had a resemblance to the iconic bar for its particular lilac colour produced by major industry company, Milka.

The campaign has caused controversy in the chocolate industry as Milka’s parent company Mondelez has accused Tony’s of trademark infringement and filed an injunction over the copycat campaign.

Tony’s appealed the injunction but still agreed to comply in the meantime by changing the parody packaging from lilac to grey.

This is not the first time Tony’s campaigns have made headlines. Back in 2021, the company deliberately left one of its advent calendar windows empty and received a lot of complaints as a result.

It will be interesting to see how the case unfolds with the Dutch brand Tony’s being subject to legal proceedings as a result of its parody campaign. This case certainly does provide a useful reminder to companies when it comes to protecting one’s mark. The trademark registration will offer the maximum legal protection against other competitor companies.

If you would like to discuss what this case may mean for your business, or you would like to explore the possibility of registering your own trademark then please do not hesitate to contact our Commercial Solicitors on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

The American political candidate, Donald Trump, has once again been asked to refrain from using an artist’s music during his rallies. This time, the Estate of the late Irish singer, Sinead O’Connor, together with the label Chrysalis Records have demanded that Mr Trump “desist from using her music immediately”.

Both her Estate and the label stated that the artist “lived by a fierce moral code defined by honesty, kindness, fairness, and decency towards her fellow human beings”. O’Connor’s political views differed from those of Mr Trump and they added that she would be “insulted to have her work misrepresented in this way”.

It is not the first time that Mr Trump and his associates have been asked to desist from using an artist’s music. For example, Rihanna, Linkin Park and Steven Tyler have made the same requests.

So, how can artists protect their own music?

Music copyright is an automatic right in the UK. You do not need to apply or pay a fee and you automatically receive copyright protection for original literary, dramatic, musical and artistic work.

With the protection of copyright, the owner has the right to copy, distribute, adapt, display and perform a creative work.

Intellectual Property rights are various and highly important when it comes to protecting your work. It is highly recommended to take legal advice in order to properly and legally protect your rights. Our commercial team has a wide range of experience when it comes to Intellectual Property and would be happy to assist individuals or businesses on issues relating to it.

For further advice and assistance please contact our Commercial Solicitors on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

There is a constant evolution of the technology which impacts the use we make of media platforms. This can be seen through the development of social media. With the never-ending creation of new platforms, there is a need to adapt the rights and protections that come with the use of these services.

Intellectual Property (IP) plays an important part when it  comes to media and entertainment law. Mainly because media refers to artistic works, whether it is via making a movie, composing music, using social media or the internet in general. An individual or a business would therefore be looking to protect their creation and work.

IP refers to creations of the mind, whether literary and artistic or designs, symbols etc.  There are many types of IP and the most known are patents, copyrights or trademarks. It is very important to have IP rights in place, especially in the media and entertainment world. Without the protection of these rights, the chances for infringement will be higher.

1. Copyright

A copyright protects one’s creative work. It gives its owner the exclusive right to copy, distribute, adapt, display and perform a creative work. The owner will benefit from the works being registered to a public record and therefore get protection from the usage of others without their permission.

Some examples of copyright works would be a novel, a photograph, lyrics to a song, a sound recording, or a movie. Most recently, the singer and songwriter Ed Sheeran faced a trial as he was accused of infringing the copyright of Martin Gaye’s song “Let’s Get It On”. Although he was later found not guilty of the infringement, this was still a long process which could tarnish someone’s image and reputation.

It is therefore incredibly important for inventors to record their works and how they arrived at them so that they can benefit from the protection of IP rights.

2. Patent

Just as with copyright, a patent will protect the innovation of a person by excluding third parties from making, using or selling an invention for a limited period of time. In exchange, the inventor will have to publish a disclosure of the invention. By doing so, the inventor will have the monopoly of use of this invention for a period of time.

In the entertainment industry, patents will generally be used to protect technological advancements in production or distribution of content. One of the most famous patents filed would be for a 3D film process by William Friese-Greene. There is also the famous film director, James Cameron, who through the development of filming tools and techniques contributed to the immersive experience for the audience.

3. Trademark

Trademark refers to any word, phrase, symbol, design or a combination of these that identifies a product or service. In the media and entertainment industry, trademarks will be used to protect a brand, merchandise, movie title, music or even a character.

Examples of trademarks would be “Netflix” or “Pixar” or movie titles such as “Star Wars” or “Harry Potter”. These would prevent anyone from creating a name and/or logo with the same font or colour which could lead to confusion as to whether the movie is part of a famous franchise.

4. Images

In spite of the rights an individual or a business can have to protect their invention, there is nevertheless an issue in the entertainment industry around celebrities and their image. It is with no doubts that you have already come across photos or videos of a celebrity in the streets or having dinner. Most of the time, these are used without their knowledge or consent, and it is a problem, especially in the UK, since there are not any statutes or case law which covers it.

Most celebrities are paid to endorse a product and therefore use their image, although there is still a possibility that companies will use a celebrity’s face without their consent which can open a claim for passing off. A famous case was in 2012 when the clothes retailer Topshop used Rihanna’s image on its t-shirt. Although the retailer had a licence to use the photo from the photographer who took it, it did not have a licence from the singer herself. Rihanna therefore sued and succeeded on the grounds that using her image without her approval was an act of passing off.

There is a right to privacy under Article 8 of the European Convention on Human rights which would apply to celebrities. It is undeniable that intrusion in their lives can happen, if photos were taken in a private setting, a claim for breach of privacy may arise. This would however need to be balanced against the right to freedom of expression under Article 10 of the European Convention on Human rights.

In any case, it is highly recommended to take legal advice when it comes to Intellectual Property rights. Our commercial team would be happy to provide assistance to individuals or businesses on issues relating to Intellectual Property.

For further advice and assistance please contact our Commercial Solicitors on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

The High Court held that Meghan Markle is the sole copyright owner of the letter which she sent to her father after her wedding to Prince Harry.

Background

In February of this year, Meghan Markle had won most of her claim for misuse of private information and copyright infringement. But the Mail on Sunday suggested that she may not have been the sole copyright owner and argued that the letter had been co-written by the Duchess of Sussex’s former communications secretary Jason Knauf. However, the High Court has confirmed that this has been denied by him.

What is Copyright?

Copyright is the legal right that protects the use of your work. The current copyright legislation in the UK is the Copyright, Designs and Patents Act 1988 which governs the rights of owners and the responsibilities of other people who want to distribute, adapt or use the work.

If you require legal assistance regarding copyright infringement contact Christopher Buck, Associate Partner in our Business Services Department on 01908 660966 / 01604 828282 or email Christopher.Buck@franklins-sols.co.uk.

Marks and Spencer (“M&S”) have commenced legal action against Aldi, arguing that Aldi’s Cuthbert the Caterpillar cake infringes the trade mark of its Colin the Caterpillar cake.

Background

M&S first launched Colin the Caterpillar in 1990 and the cakes have become hugely popular in the UK. M&S have stated that the similarities between the two cakes mean that consumers may think that the Cuthbert the Caterpillar cake is of the same standard as the Colin cake and associated with M&S’s reputation for high-quality food.

Trade mark infringement claim 

M&S has three trade marks against the Colin cake, which it believes means that Colin has acquired and retains a distinctive reputation. When a trade mark is used the owner acquires ‘goodwill’ in relation to that mark. Goodwill is the quality or reputation which causes a customer to use one particular good or service rather than any other. The owner of a trade mark can take legal action against another trader who uses that mark in a way which confuses the customer or the public into believing that his goods or services are those of the owner of the mark. This action is defined as ‘passing-off’.

What is a trade mark?

Trade marks provide important protection for your brand and your business and are a sign, capable of distinguishing the goods or services of one undertaking from those of another. It is essentially a “badge of origin”.

A sign must not have already been registered in respect of the goods or services to which it relates, and it must not be descriptive of the goods or services to which it relates.

Securing a trade mark in the UK

To secure trade mark protection in the United Kingdom, an application process is required to be undertaken through the United Kingdom Intellectual Property Office. The process is commenced by filing an Application Form. The application is then examined and, if it is accepted, it will then be published. Third parties are then afforded an opportunity to oppose the registration. If the registration process is successful, a United Kingdom Registered Trade Mark will be obtained and this can be indicated by placing the ® symbol next to a mark. The process takes on average five months.

Protection lasts indefinitely in renewable 10 year periods. However, such a registration would only allow acts of infringement undertaken within the United Kingdom to be pursued. Saying this however, a registration in the United Kingdom allows the symbol to be placed next to the mark wherever it is used in the world and, since most laypersons assume this means the same is protected worldwide, a registration in the United Kingdom can prove to be a strong worldwide deterrent to infringers. 

If you require legal assistance regarding trade marks, then please do not hesitate to contact Christopher Buck, Associate Partner in our Business Services team on 01908 660966 / 01604 828282 or email christopher.buck@franklins-sols.co.uk who will be happy to assist.

 Katy Perry, her co-stars, label producers and songwriter face a hefty $2.78 million fine following a jury’s ruling that all parties were found to be liable for copyright infringement in the making of her infamous hit ‘Dark Horse’. Judgment was granted in favour of Flame, a Christian rapper, following the jury’s verdict that elements of Flame’s song, “Joyful Noise”, had been copied by Katy Perry and her co-stars, including the electric beat of “Joyful Noise”, therefore constituting a form of primary infringement. The damages awarded to Flame have been apportioned between the parties with Katy Perry being ordered to pay just over $550,000, and her record label, Capitol Records, having to pay $1.3 million!

The fine issued to Katy Perry and her co-stars highlights the repercussions faced by those seeking to use the work of others and claim it as their own. In the UK, the primary piece of legislation that seeks to provide a creator of work with protection in relation to their original work produced is the Copyright, Designs and Patents Act 1998. This Act outlines two different classes of infringing acts, namely primary infringement and secondary infringement. Primary infringement involves a direct form of infringement, including a person copying the work of the copyright owner, and either issuing, performing or playing the copyright work to the public. Interestingly, ignorance to this type of infringement is no defence. In contrast, secondary infringement involves the infringing party having some specified knowledge, or reasonable grounds for having such knowledge, when committing the act.

Copyright seeks to protect a work, its key aim being to prevent others from using it without the owner’s permission. If you require any legal assistance regarding copyright, or have reason to believe that someone may be committing copyright infringement in respect of your own work, then please do not hesitate to contact Christopher Buck, Associate Partner in our Commercial Services Department who will be happy to assist.