Category Archives: Intellectual Property

Nando’s v Fernando’s – How to avoid a branding nightmare as a new start-up

Case Study: Nando’s v Fernando’s – How to avoid a branding nightmare as a new start-up

By | Business disputes, Intellectual Property, Small Business, Start Up, Trade Mark | No Comments

This dispute hit the headlines back in 2018 and is a classic example of a situation I have come across many times – a start up business using similar branding to a famous competitor and then being threatened with trade mark infringement.

The start-up feels like they’re being bullied into a rebrand and the famous brand feels the backlash and negative PR from being accused of throwing their weight around.

So, who’s in the right and who’s in the wrong and what lessons can be learnt from a situation like this?

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Supermac’s v McDonald’s – How a small business can stand up for their rights and not be bullied into rebranding

Case Study: Supermac’s v McDonald’s – How a small business can stand up for their rights and not be bullied into rebranding

By | Business disputes, Intellectual Property, Small Business, Trade Mark | No Comments

This was a great example of how, with a little bit of knowledge, a small business can stand up for their rights and not be bullied into rebranding.

In this case study, I’m going to explain how Supermac’s achieved this against the might of McDonald’s and how the fast food giant ended up losing one of their “Big Mac” trade marks in the process.

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A brand protection strategy for small businesses

A brand protection strategy for small businesses

By | Intellectual Property, Small Business, Start Up, Trade Mark | No Comments

There’s no doubt that registering a trade mark is the best way to protect your brand and yet a surprising number of entrepreneurs and business owners don’t do it.

But why?

Often, it’s a timing issue. They know that protecting their brand is important but they don’t get around to it because they believe the risks of infringement are low. However, as I explained in my Trade Mark Essentials article, the risks are now much higher than they used to be.

And, they’re growing.

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Trade mark essentials - how and why every business should protect their brand

Trade mark essentials – how and why every business should protect their brand

By | Intellectual Property, Small Business, Start Up, Trade Mark, Uncategorised | No Comments

What is a trade mark and what do they do?

A trade mark is a legal right that protects your brand. It’s one of a range of intellectual property rights along with patents, copyright and registered designs.

Often, people use the names of the different intellectual property rights interchangeably. For example, sometimes they will say that they want to copyright their logo or patent their business name, and whilst this isn’t actually correct, generally we know what they mean.

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What can be registered as a trade mark to protect my brand

What can I register as a trade mark to protect my brand?

By | Intellectual Property, Trade Mark | No Comments

When it comes to brand protection, clients often ask me, “What can I register as a trade mark?

They know they can protect a name or a logo, but there’s often many more elements to their brand than that. When we form a strategy for protecting their brand, we look at all the elements that distinguishes their business, products and services from those of their competitors. So, in this blog we’re going to look at each of the opportunities you have to stand out from the crowd when it comes to brand protection. Read More

Can I use an image I found on the internet

Can I use an image I found on the internet?

By | Copyright, Intellectual Property, Small Business | No Comments
We’ve all been there. We’re writing a blog or preparing a presentation and we need a picture to really get our message across. After all, a picture paints a thousand words.

So where do we look?

The first place most of us turn to is Google and after a quick search you find exactly what you’re looking for. But, can you use this image? Read on to find out. Read More