Protect Your Business!

Your Rights 

There are wide ranging and often overlapping rights which can be utilised by businesses.  The main ones are:

Passing Off

• This is where one business 'passes itself off' as your business, in effect relying and trading on your goodwill.  Examples of 'passing off' are

                    - Similar trading styles, names or logo
                    - Similar advertisements
                    - Similar 'get-up' or  look  of your products

Copyright

• Copyright vests in any 'original literary, dramatic, musical or artistic work, sound recordings, films, broadcasts or typographical arrangements'
• No-one is entitled to 'copy' your 'work' without your permission
• The 'work' does not have to be good, only 'original'
• The Courts give wide interpretation as to what is a 'work'. Examples are:

                        - Adverts
                        - Listings 
                        - The shape of a product (although this could also have Design Right)
                        - Letters
                        - Computer programs

• The Courts also give wide interpretation as to what is 'copying'.  For example, it can include the storing of any medium by electronic means
• It does not have to be an exact copy, or even a complete copy
• You don't need to register in the UK to gain protection of the law.
   

Trademarks

• Trade Mark is 'any sign capable of being represented graphically (written or design form) which is capable of distinguishing goods or services of one business from those of others'
• You have to register to obtain protection of your trading Mark
• It can be a label, name, logo, get-up or packaging, business style, or even business presentation

 
Interference with Contract

• If someone deliberately induces a customer or supplier to break his contract with you without reasonable excuse, then you may have a case against that person.  You may also have a contractual remedy against your customer or supplier.

How to Protect your Rights

• Depending on what has occurred and the type of damage you have suffered, it may be possible to obtain an injunction and/or damages, as well as specific remedies available for breaches of Copyright and Trademarks.

Advice