Definitions

Intellectual Property is an exclusive right granted to protect a business' creativity and investment. Such creativity may relate to new products which can form the subject of patents or designs, or to new branding which may result in the registration of trade marks. Intellectual Property is a valuable asset which can be used to maintain and grow a business' competitive advantage in the marketplace.

A UK registered design is a monopoly which protects the appearance of the whole or part of a product, including both the 3-dimensional shape and the 2-dimensional surface decoration. The owner of a registered design in the UK has the exclusive right to make, use, sell, import and export products made to the design.  They also have the right to stop others from carrying out any of these acts.

The law of passing off prevents a third party from gaining a commercial advantage from the goodwill associated with another business. Passing off involves a misrepresentation likely to lead the customer, either trade or retail, to believe that goods offered for sale are the goods produced by one manufacturer when in fact they are goods produced by another manufacturer; such misrepresentation leading to actual or foreseeable damage. 

The unauthorised use of a sign, which is identical to a registered trade mark or which is sufficiently similar to it, in relation to identical or similar goods to those of the registered trade mark, resulting in a likelihood of confusion such that the public believes the goods originate from the same business.