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Trademark update gives legal certainty to brands

A recent brand protection seminar examined how changes in trademark law will provide greater legal certainty for businesses.

Global legal business DWF is positioning to help Ireland’s retail industry protect their brands as the EU (Trademarks) Regulations 2018 saw Ireland’s first major trademark law reform in over 20 years.

Speakers at the Spencer Hotel, Dublin on 29 May, included Stephen Byrne BL, who provided advice on how to effectively use legal privilege to protect IP rights in a later dispute, while DWF Belfast’s Ken Rutherford gave an all-island overview on the implications of Brexit for IP rights.

Technological change

Eimear Collins of DWF Dublin explained "The pace of technological change has given retailers freedom and greater opportunity to trade beyond borders.

“We enable our clients to make the most of this change, creating sustainable growth, while reducing risk and protecting their brands.”

DWF's Susan Connolly examined recent trends in defamation claims brought by customers who have been accused of theft by retailers.

She said "Defamation is a topical issue for the retail sector in light of an increase in such claims coming before the courts. Businesses could find themselves on the receiving end of costly damages being awarded to claimants.

"In a bid to counter such claims, I would advise businesses to maintain timely and accurate reporting including taking witness statements and keep records for CCTV for example, up to date, so they can establish the facts quickly when a claim is received."

DWF's Ellen Keane provided strategies for businesses to manage and protect retail brands from unauthorised use of trademarks.

Lost income

The advice included implementing anti-counterfeiting programmes to fight counterfeiters and recover lost income.

Retailers can also protect their brands through the use of monitoring programmes which focus on keeping track of use of trademarks and brand names by resellers.