IP is a generic term for copyright, trade marks, designs and patents – all intended to provide legal protection for creators. From brand names and music to images, broadcasts and advertising, everything is protected by IP.

Unfortunately, the mere mention of IP can cause panic and dread. Although we could blame confusion and a lack of awareness, no organisation can afford to be oblivious or uninformed. Put simply, if you’re a creator, or work for a creative organisation, IP must be part of your business focus.

A bottle of whisky

Greg Hemphill and Ford Kiernan’s whisky brand "Jack and Victor" caught the attention of Jack Daniel’s

Popularised by their characters Jack and Victor in the long-running TV series Still Game, Greg Hemphill and Ford Kiernan, branched out into whisky production with the label, “Jack and Victor”.

Their application for the trade mark of the same name was swiftly opposed by the mighty Jack Daniel’s accusing our much-loved characters of bringing confusion down on an unsuspecting public who were, according to Mr Daniel, not knowing which way to turn in the drinks aisles of their favourite supermarket or off-licence.

Thankfully, the Intellectual Property Office (IPO) registrars and arbiters of trade marks, pretty much told Jack Daniel’s to be off with themselves since there would be not one jot of confusion in Jack and Victor’s primary market – Scotland.

Footie in the pub

Still with an alcoholic sub-theme, two public houses in Dundee have recently brought unwanted attention and substantial fines from Sky Sports. The pubs were showing Sky Sports without an official subscription to Sky.

A monitoring visit by a representative from Sky demonstrated the lack of the pint glass icon on the bottom right hand side of the pubs’ TVs, so Sky did what Sky do – they took the pubs to the Court of Session. The Court duly handed down an unopposed ruling that the two pubs pay Sky a £10,000 penalty, plus the undisclosed amount for Sky’s legal expenses – ouch!

Why? Sky pay handsomely to football leagues worldwide for the rights to broadcast matches that are then broadcast to Sky subscribers. Sky is also paying a licence to use the football league logos, hence the trade mark issue. Sky is notoriously litigious in pursuing infringers – you have been warned! Always check the terms and conditions of a licence issued/offered by a third party allowing you to use their content.

Website imagery

Are you comfortable with the images you use on your website and social media?

Has it crossed your mind that your use of images may be infringing?

A media company received an expensive shock when a letter arrived from an image gallery claiming infringement of one of its images on a website created by the media company. Accompanying the letter was a “penalty” invoice for £1000.

After much research, it transpired that the image (an animal swimming in a river) was available through Pixabay, a gallery that does not charge for images. A polite note was sent to the claimant and no more was heard of the matter. If the media company had not carried out a thorough search, they would likely have had a battle over the “penalty” notice.

This is an example of “phishing” – it happens constantly and unfortunately, due to that lack of IP awareness, many a company is frightened into paying a substantial sum unnecessarily.

Piggy-back at your peril!

“Percy Pig” is a strategic trade mark in the IP armoury of Marks and Spencer.

Unsurprisingly, they took exception to the ice cream, made by Fabio and Hannah Vincenti in their ice cream parlour in Hitchin. However, rather than come down hard on the somewhat IP-naïve couple, M&S sent them a polite and conciliatory letter, asking them, nicely, to change the name of the ice cream flavour – and as a generous gesture, to win even more reputational brownie points, M&S threw in a few packets of their porcine mascot.

The lesson? – do you research or build your own brand!

The Hit Parade

No matter where it comes from or how it’s broadcast, the playing of the music is deemed a ‘public performance’.

If the relevant shopkeepers, hairdressers and beauticians don’t apply for a licence to play the music, they are risking a visit from the master music licensors at PRS for Music and Phonographic Performance Ltd (PPL).

You may have downloaded or streamed the music but you have no rights whatsoever to the music, lyrics or recordings. Even if you’re cool and compiling a vinyl collection, the same applies, as do any live performances. And not only do you risk being charged for the current licence but the one you should have had last year as well.

The moral of the story? (stories) – if you are in any form of business, along with your business plans, cash flows, HR policies, H and S policies, you must make yourselves aware of IP. Failure to do so will inevitably result in either financial or reputational loss – or both.

Intellectual Property is key, so neglect it at your peril - Alan Rae

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