Take Your Marks

For many businesses, particularly those involved in the business travel sector, trademarks and other intellectual property rights have become increasingly important in identifying the corporates product or services, the way these are marketed and most significantly this. Online advertising and bookings are the name of the game, and these intellectual property rights (“IPR”) can now be valued and put on a company’s balance sheet. Certainly on any sale of a travel business, these are important rights that the seller assigns to the purchaser to enable the purchaser to continue with the business. Rights in IPR such as domain names, websites, brands and other service marks, products and copyrights are valuable assets that are worthy of registration where applicable, and protection by legal process. Fraudulent traders and trade on the reputation of an established business by using its named brand designs can be copied and valuable business lost. Sometimes innocently competing companies lock horns where logos and branding feels similar or a new product uses a name so similar that customers could be confused.

Domain Names

Domain names have come from nowhere, over recent years to become high on the list of valuable IPR. For corporates working on the international market, it is vital to use a domain name that can have international application and is not likely to conflict with other well used domain names in other jurisdictions. “Cyber Squatting” is still common where a third party will register your company’s name as a new domain name and then try to sell it back to you. Fortunately, there are dispute resolution services run by Nominet for “.UK” domain name disputes or ICANN, for .com, .org and .net domain names. Using these schemes, the compliant can win the name but does not get compensation or costs.

Trademarks

A trademark can be anything which distinguishes the corporates business from others and could be a combination of words, a logo or a type of goods or packaging. Trade or service marks can be registered by protection at the UK Trade Marks Registry and in foreign countries and across the whole of the EU by a “Community Trade Mark” or internationally under the Madrid Protocol. Unregistered marks can be protected by court action in what is known as “passing off”. Registration will entitle the holder of the trademark to an automatic injunction for misuse of the name and will prevent registration of names that might be confusingly similar.

Corporates are also likely to have copyright which can be protected with their written material including websites, brochures and promotional material.

Claims

Properly registered trademarks and domain names will enable the corporates to obtain an injunction stopping any misuse of its registered names against any party infringing its rights. Court action is likely to be required for breach of copyright misuse of established unregistered marks. With the rising cost and uncertainty of litigation, registration should always be a better option, whether just in the UK or internationally.

ASA ruling on fuel supplements

The Advertising Standards Authority has published a ruling against Thomas Cook Retail where a headline price stating “late deals from £69” was found to be misleading because it did not include a £30 airline fuel supplement. The ASA found that all advertisers must quote all non-optional taxes and duties. At the present time, some airlines do not include supplements and surcharges, whilst others advertise prices that include them. Those that are offering inclusive prices are understandably concerned that this is another playing field that is far from level.

State aid due back from Olympic

The EU has started proceedings to recover €161,000,000 back from Greece, which it found had been provided to Olympic Airways as unlawful state aid between 1998 and 2002. This followed an earlier ruling that the state aid provided by Greece was illegal and gave Olympic an unfair advantage over its competitors.

More on Passports

(i) From 6 March 2006, BA is requiring passengers travelling to the US, to provide information of where they will be staying on their first night. This is to prepare passengers for the full scope of the Advanced Passenger Information required by the US authorities, and can be submitted on the airline’s website. This is in addition to the requirement for biometric passports for those who renew after 31 October 2006.

(ii) All passport applications and renewals will require face-to-face interviews of up to 20 minutes by 2009. ABI (Authentication By Interview) offices are to be opened up around the country which are expected to be universal by 2009. this will mean the end to fast track- same day passport applications for those who leave such things to the last minute.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. Piper Smith Watton cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.