Often though, the support seminars held by these sorts of companies haven’t been devised with either technology or startups in mind, and you have to tease out the relevant information for you.

This is why we’ve teamed up with Cobbetts to launch a new initiative for entrepreneurs within the technology sector. CAPPitalise has been set up to support entrepreneurs by offering legal advice and key information on running their business and making it a success, whilst also offering the opportunity to be introduced to carefully selected third party suppliers and prospective investors.

Aimed at entrepreneurs in the technology sector and start-up technology businesses requiring VC investment, CAPPitalise will help build relationships with entrepreneurs by offering a range of benefits specifically to suit the needs of a growing business within the region.

The event
The first CAPPitalise event is an opportunity to find out more about CAPPitalise and how it can benefit you and your business.  Speaking at the event will be Pamela Bryer from Marks and Clerk, intellectual property specialists, to talk about ‘Protecting Rights in Software.’

Following on from the presentation you will have the opportunity to network with fellow entrepreneurs in your sector and we will supply the beer and pizza!

Who should attend?
Entrepreneurs in the technology sector

Start-up technology businesses requiring VC investment.

Date
Thursday 1 December 2011

Agenda
5.30pm – Registration
6pm – Introduction to CAPPitalise
6.15pm – Protecting Rights in Software
7pm – Beer, pizza and networking.

Venue
Cobbetts LLP, One Colmore Square, Birmingham, B4 6AJ.

How do I find out more and sign up to attend?

Visit the event’s site, or contact emma.ray@cobbetts.com.

In scenes that are likely to be reminiscent of television’s Dragon’s Den, budding entrepreneurs will pitch their ideas to a panel of senior figures from the city, in the hope of securing between £20,000 – £100,000. The fund, which will be managed  by Finance Birmingham, is targeted at start-up technology companies, including those that have qualified from BSPA’s Entrepreneurs for the Future (e4f) or Oxygen Accelerator business incubation programmes and are in the first stages of seeking funding.

Mike Whitby, Leader of Birmingham City Council and Chairman of Birmingham Science Park said: “The creation of this new fund is phenomenal news for the city, for the Science Park – and most importantly for the many fledgling technology businesses we know are out there, but need some equity investment to help grow their businesses.

“We see the growth of SMEs, particularly in sectors like technology, as absolutely essential for growing Birmingham’s economy in the future – so I welcome this scheme with open arms, and hope we will might even see some of the next big names in the technology world starting out here, with our support.”

Simon Jenner, Head of Incubation at Birmingham Science Park Aston, said: “We see a phenomenal number of really outstanding businesses coming through the e4f and Oxygen Accelerator schemes, demonstrating a massive amount of potential.

“Unfortunately, not all of these businesses go on to become profitable and we identified that a major reason for this is that while they may have outstanding and innovative ideas, they fail to secure seed funding.  For small businesses that have just graduated from programmes such as e4f or the Oxygen Accelerator, commercial business opportunities can present too great a risk.

“This fund is a great starting point, however it cannot stand in isolation; if we allocate £100,000 to ten businesses we will have exhausted the pot.  I truly hope that we will be able to continue to work with Finance Birmingham on similar funding projects in the future to maintain momentum in tech-based businesses in Birmingham and the West Midlands.”

The panel to which the entrepreneurs will pitch which will be led by Finance Birmingham and will feature representatives from Birmingham City Council and Birmingham Science Park Aston.

Sue Summers, Chief Executive, Finance Birmingham, said: “The city of Birmingham has a great pool of creative talent across the entire technology sector, however like the industry as a whole, we lack the seed funding that is necessary to give these companies the boost that they need to really get off the ground.

“Birmingham’s prominence as a leading innovator in the digital economy is continuing to rise and we need to capitalise on this.  I hope that by working with Birmingham Science Park Aston, we will continue to be able to offer start-up technology businesses the support that they need to ensure that we do not lose some truly innovative ideas and products.”

Accessing the Fund

If you’re interested in pitching for a part of the £1m fund, please contact us at BSPA/e4f – we are operating a pre-vetting service before you are placed in front of the investment panel.

What we need to see from you  -

- A business plan (with cash flow forecasts/profit and loss for at least 3 years)

The amount of equity taken from each company is dependent on each individual company’s risk profile. The money invested can act as match against grants/other investment offers.

If you want to put yourself forward, please contact us – katherinep@bsp-a.com.

For more information on Birmingham Science Park Aston, please visit www.bsp-a.com.

Marks & Spencer and other companies which buy competitors’ trade marks as search engine keywords have suffered a blow in the Court of Justice of the European Union (CJEU), today. In its long-awaited ruling in the case between Marks & Spencer and Interflora, the CJEU ruled that purchasing another party’s trade mark as a keyword could infringe the trade mark proprietor’s rights.

The Court ruled that infringement occurs if the keyword’s use affects the original trade mark in two of its key functions: its ability to identify the origin of goods or services and its ability to preserve the proprietor’s reputation, which attracts consumers. The decision also confirmed that proprietors of a trade mark with a reputation can prevent a competitor from such advertising where the competitor’s use of the keyword is free riding on or is detrimental to the trade mark’s reputation, or where it results in a dilution of the trade mark’s distinctive character.

The judgment could reduce the widespread online marketing tactic, used across many industries. The ruling is one of several which have helped to determine European law around online brand protection. A previous ruling by the CJEU on a case between Google and Louis Vuitton had established that the sale of a trade mark as a keyword is not a trade mark infringement per se, effectively absolving search engines of any wrongdoing.

The ruling answers questions referred to the CJEU by the High Court of Justice of England and Wales during the 2009 case Interflora vs Marks & Spencer. Interflora launched the law suit against Marks & Spencer after the British retailer bought ‘Interflora’ as a Google AdWord, ensuring a link to the Marks & Spencer’s online flower shop appeared every time an internet user searched for ‘Interflora’ in Google.

Kirsten Gilbert, Partner at Marks & Clerk Solicitors, comments:

“Brand owners will be encouraged that their competitors no longer have a completely free rein over use of their trade mark as a keyword. But, the practice of purchasing rivals’ trade marks as keywords is widespread, and marketers may now have to think of other creative ways to advertise their brands on the web.

“Google is likely to be disappointed with the ruling. The revenue Google generates from its AdWord service is significant. Companies will now be a lot more cautious with their choice of AdWord.”

Kirsten Gilbert continues:

“Trade mark law has at times struggled to keep up with the challenges of the internet age. The opportunities presented by online advertising were unforeseeable when our system of law was conceived. Google innovations like AdWords have presented unique questions that trade mark law is only now providing answers for.

“Unless a settlement between Marks & Spencer and Interflora is reached first, the High Court of Justice will now return to the original case and make a decision in the light of the EU Court’s ruling, once evidence has been presented by both sides.”

About Marks & Clerk Solicitors

www.marks-clerk.com

Marks & Clerk is one of the world’s leading intellectual property groups. Marks & Clerk Solicitors together with associated patent and trade mark attorneys firm offer clients a comprehensive range of intellectual property services – covering patents, trade marks, designs and copyright. This includes obtaining protection worldwide, portfolio management, strategic advice, commercial advice, licensing, enforcement, due diligence and litigation. Marks & Clerk has expertise in a whole range of commercial sectors and technologies.

Marks & Clerk has a network of 17 offices across the UK (10 locations), Europe, North America and the Far East and long-established relationships with other leading IP firms worldwide, the firm is able to meet clients’ IP requirements on a local and global basis.

In 2008, Marks & Clerk Solicitors established a formal association with Hong Kong law firm, Anthony Evans & Co, to meet the growing demands for intellectual property in the Asia market. More recently in March 2009 it expanded our UK presence with the opening of an office in Cambridge.

Marks & Clerk has been consistently ranked a top tier firm in the UK for both patents and trade marks in the Managing Intellectual Property Annual Worldwide Survey, Legal 500 and Chambers Directories.