Intellectual Property Law
You are a member of the legal team acting for Tech Blitz Cards Ltd, a stationery manufacturer which prides itself in offering an imaginative and diverse range of greeting cards for the UK market. However, the company has received threats of separate IP infringement proceedings in relation to three cards created by its new designer as follows:
Copyright infringement claim re a ‘thank you’ card depicting a butterfly detail taken from a computer-generated online image.
b) A passing off claim re a ‘congratulations’ card featuring a ‘pop-up’ hologram of a bottle of Champagne produced by the world-renowned Bullinger Champagne House. The bottle’s label is clearly visible.
c) A registered trademark infringement claim relates to a ‘singing’ birthday card, which plays a recording of a registered trade mark owned by Fiesta Ltd. This UK registered sound mark was created by combining the recordings of three men: one Welsh baritone, one Italian tenor, and one hog caller from Arkansas. The trademark is currently registered in Class 35 for the following products:
” The bringing together, for the benefit of others, of a variety of party decorations, flags, banners, bunting, confetti, streamers, piñatas, party poppers, balloons and inflation equipment therefor, helium and helium cylinders, party hats, whistles, party blowers and horns, enabling customers to conveniently view and purchase those goods from a retail or wholesale outlet, by mail order or by means of an Internet website.”
In respect of each greetings card, critically discuss the merits of the claim based on the given facts in each case. Credit will also be given for the identification of any other information required and why it would be relevant.
Total marks = 100