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12 January 2018 / Athelstane Aamodt
Issue: 7776 / Categories: Features , Intellectual property
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What’s in a name?

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Athelstane Aamodt explores the weird world of what exactly you can trade mark

Many of us who grew up watching Blue Peter will be able to remember the bafflement we felt when its presenters would routinely use the phrase ‘sticky-backed plastic’ when referring to Sellotape. Why did they call it that when no-one else in the world seemed to? We now know of course that the reason was to do with the BBC’s policy of not mentioning brand names on air; ‘Sellotape’, much like ‘Hoover’, was an example of a brand name or trade mark becoming practically synonymous with the product, much to the chagrin of their rivals no doubt.

Trade marks are everywhere these days, and their value, as well as the complexity of their registration and their protection, is big business. But what can you trade mark?

Surprises & restrictions

Many words that we use in everyday speech and writing are trade marks. Surprising examples that are or have been trade marks include ‘aspirin’ (a trade mark of Bayer), ‘escalator’ (a trade

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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