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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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