Intellectual Property Law - Trade Mark Infringement - What is the Overall Impression?

The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark. Section 10 of the Trade Marks Act 1994 provides, so far as is material: '(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark '. The claimant company, Wistbray Ltd, was the registered proprietor of a UK registered trade mark 'DRAGONFLY' in Class 30 in respect of teas. It was also the registered proprietor of a European Community registered trade mark for 'DRAGONFLY', combined with a logo of a dragonfly in silhouette in Class 30 in respect of teas. Wistbray had been using the trade marks for the sale of teas since September 2000 and had an annual turnover of about ?1 million.

Wills, Trusts and Durable Powers of Attorney

Information on wills, trusts, powers of attorney, and estate planning in California.

Living Will Form vs. Health Care Power of Attorney Form

A will to live, formally called a living will form, is a type of advance directive. These legal forms are usually required to be notarized or signed and dated by witnesses.

Appointing A Guardian For Child Care

In making provisions for the one's children's care, an important consideration would be the appointment of a suitable guardian should you pass away at the same time. This can be done via a will or a deed instrument to ensure that your children's care will not be neglected during their bereavement.

Why Do You Need A Living Trust

What is a living trust, and why you should consider creating one.

Why Should I Write A Will?

If you die without a Will (and statistics suggest that about 70% of UK citizens either have no Will, or that the Will they have is out of date or inadequate) those you leave behind will have a difficult time of it! A bereavement brings with it enough emotional and practical problems of its own to have financial and legal ones added to it.

Have Your Parents Planned Their Estate For Your Protection?

When your parents die, you are the one who will be responsible for taking care of everything they leave behind. There are steps you can take today to make sure that it will be as easy for you as possible and that what you inherit will be as protected as possible.

How To Write A Last Will And Testament

A last will and testament is a legal document, which prepares a person and his family for the unavoidable possibility of his untimely death. There are some basic facts that have to be considered while making a will. It should be made at a young age and must always be dated, as the latest version of the last will and testament nullifies the value of earlier wills.

Wills and Trusts: Four Reasons People Delay & Shouldn't

Learn the 4 mind shifts you need to overcome estate planning procrastination.

The Pitfalls of Online Wills & Trusts Forms

There comes a point in every person’s life where it is appropriate and prudent to begin planning for the post death division of property and assets. It is necessary to anticipate and plan for the quagmire that is probate. For many facing the task of planning their estate, the mere idea of paying an estate planning attorney can be painful and many simply choose to forego such a task by using cheap or free online forms.

Living Will - A Must

The living will is often called the will to live and is an advance healthcare directive, or a Directive to Physicians. This document sets out your wishes related to the kind of medical treatment which, should be extended or withheld if you lose your ability to communicate those wishes.

What is a Living Will, and Why You Should Inquire about One Today

Modern advancements in medicine have made it possible for us to live longer than ever before. While these advancements have substantially extended our lives, such an extension may not be desirable because it may lower our quality of life and result in a loss of our dignity. Since all competent adults have the right to make their own medical decisions, you may want to tell your doctor now not to take heroic or extraordinary means to prolong your life in the future if you become ill and there is no hope for your eventual recovery. You can do this by preparing a living will.

Creating a Last Will & Testament: a Q&A Introduction

Do you have a Last Will & Testament? If not, you should. Why let a court decide the distribution of your assets when you die? Learn the basics of creating a legal and valid Last Will and Testament.