Do You Give A XXXX About Adult Domain Names?

This first stage from today to 28^th October 2011 is a sunrise period giving priority for trade mark owners in the adult industry to apply to register their word marks as XXX domains.

Alternatively, trade mark owners not in the adult industry can assert their word marks and apply to block a third party registering a XXX domain name which includes their own word mark with any “negative” results that may follow on.

Thereafter the second stage is a landrush period from 8^th November to 25^th November followed by a final stage of general availability from 6^th December.

If you are in the adult entertainment industry or another adult industry then clearly it’s in your interests to apply for registration but if not then what’s the issue? Well you don’t need to apply to register a XXX domain yourself as that may have “negative” results for you but the viable alternative of applying to block third party registration means the XXX domain is not available or “reserved for use” for life of the domain.

The commercial advantage of the application to block is that for a relatively small one off fee you do not then have the time and cost of having to bring litigation or invoking the domain dispute resolution procedure post third party registration.

If you need advice on XXX domain name registration or blocking or on protecting your intellectual property or if you have a claim you can contact David Potts, Partner and Head of Business Litigation, Phil Hitchen, Associate or Michael Forrester in the first instance to discuss the matter in confidence.

Royal Wedding, will thou be copyright infringed?

Zara Niemand - Business Litigation

It’s April 29^th, you have taken three days off and received eleven in return, your feet are up and you’re just about tune into one of the most momentous events of the year, surely you won’t be thinking about the legal issues involved?

CAP Code 

Shortly after Prince William announced the news, CAP (Committee of Advertising Practice) highlighted how it intended to control advertisements referring to the wedding. 

It stated that there should be no suggestion of endorsement by an individual without their consent (6.1). CAP also advised that there should be no mention of members of the Royal Family without their consent (6.2), and use of the Royal Arms or emblems without permission (3.52). 

More recently Prince William has relaxed the rules governing the commercial use of Royal photographs and insignia to commemorate the engagement and marriage, however there are still guidelines that must be followed. Read more »

LG v Sony – The Blue-Ray Battle

Michael Forrester- Business Litigation Solicitor

It was widely reported last week that LG obtained a legal injunction against Sony which subsequently banned the importation of PS3 games consoles into Europe.

Thousands of PS3 games consoles were seized by customs officials in The Netherlands, with the legal dispute centering around the ownership of Blu-Ray technology.

Applications for interim injunctions in intellectual property, and particularly patent cases, are not uncommon. Businesses seek this type of relief because a cash award is sometimes inadequate. The number of claims may increase because local courts were given authority to deal with this type of case last year.

The interim injunction in this case granted by the International Court of Justice in The Hague has received considerable publicity because of the parties involved and the large effect that an interim injunction can have on a market place. Read more »

Protect Our Puds: Yorkshire makers apply for EU legal protection

Phil Hitchen - Associate

I recently read the news that Yorkshire Pudding makers, Roberts, Aunt Bessie’s and the Real Yorkshire Pudding Company are in talks over applying for EU protection on their products.

If the plan becomes law, only puddings baked in Yorkshire or Humberside could be called “Yorkshire puddings”, denying the same name to frozen food manufacturers overseas. Read more »