Healey underlines the importance of names and brands for fundraising charities and that, given the pivotal role these assets play, trustees are “duty-bound to protect” them.
Likewise he recommends that charities exercise caution when enforcing trademark rights, and cites “multiple cases where the courts have admonished charities that have appeared before them for not settling amicably” as a warning.
He also draws a distinction between charities of varying sizes. Large charities are able to use acquired distinctiveness says Healey, but even then “the scope of protection that registration can be narrow”. Furthermore, “smaller organisations with less deep pockets can face even greater challenges”.
You can find the rest of this article, along with other insights from third party commentators, here (£).
This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.
All content on this page is correct as of July 3, 2019.