Archive for July, 2007

CFI says ‘fennel’ and ‘fenjal’ marks dissimilar visually and phonetically and so not likely to cause confusion

1 July 2007 | Paul Gershlick

Crisgo applied to register ‘Fennel’ for various cosmetics goods. The owner of the ‘Fenjal’ toiletries range, Grether AG opposed the application claiming that there would be a likelihood of confusion...

ECJ decides that the conditions that apply to parallel imports than are repackaged also apply to ‘overstickering’ – Boehringer Ingelheim v Swingward, ECJ

1 July 2007 | Paul Gershlick

Some pharmaceutical companies sued two parallel importers for trade mark infringement because they had imported the companies’ products into the UK after repackaging them and re-labelling them. A parallel...

‘Europig’ trade mark given the chop by the European Court of First Instance – Europig SA v OHIM, Court of First Instance

1 July 2007 | Paul Gershlick

Europig SA, a French company, applied to register the mark ‘Europig’ as a Community Trade Mark (CTM) for meat products. The application was refused since the mark was descriptive in relation to the...

European Court provides guidance on the circumstances in which trade marks can be revoked for non-use – Häupl v Lidl, European Court of Justice

1 July 2007 | Paul Gershlick

Lidl, the supermarket chain, applied to register a trade mark 'Le chef de cuisine' in Germany in July 1993. Using the Madrid Protocol (an international treaty for trade mark registrations) Lidl had the...

Ocean Tomo sells patent for online shopping technology for £2.5 million in London IP auction

1 July 2007 | Paul Gershlick

Ocean Tomo – an auction firm that has pioneered live intellectual property auctions – has recently sold a 10-year old patent for online shopping technology in London for £2.5 million. The patent’s...

Ofcom fines Channel 5 for faking winners on quiz shows

1 July 2007 | Paul Gershlick

Ofcom has fined Channel 5 £300,000 for faking winners on its live call-in competitions. What started out as a one-off quick fix for occasions where there was no winner had become an established practice...

ASA decides that Shenley estate agents breached CAP code for claiming to be Shenley’s ‘leading agent’

1 July 2007 | Paul Gershlick

An estate agent from the village of Shenley stated that it was the ‘leading agent’ in Shenley on its website. The other estate agents in the village complained to the Advertising Standards Authority...

ASA refuses to censure Intel for claiming that the Intel Core 2 Duo is ‘the world’s best processor’ on receipt of proof substantiating their claim

1 July 2007 | Paul Gershlick

The Advertising Standards Authority (ASA) – the UK advertising regulator - received 7 complaints after the broadcast of Intel’s TV ad which claimed that the Intel Core 2 Duo was ‘the world’s best...

High Court blows out fire alarm maker’s application to stop comparative advert because of human rights law – Red Dot Technologies v Apollo Fire Detectors, High Court

1 July 2007 | Paul Gershlick

Red Dot owned a trade mark in the name ‘RAFIKI’ and produced a fire alarm under that brand name. Apollo also produced fire alarms. Apollo issued a comparative advert in the form of a chart which showed...

Court of Appeal makes mincemeat out of interim injunction application to stop comparative advert – Boehringer Ingemheim v Vetplus, Court of Appeal

1 July 2007 | Paul Gershlick

Boehringer and Vetplus sold nutritional supplements for dogs which contained chondrotin and both had trade marks in their product names. Vetplus decided to test Boehringer’s products to see whether they...

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Archive for July, 2007

CFI says ‘fennel’ and ‘fenjal’ marks dissimilar visually and phonetically and so not likely to cause confusion

ECJ decides that the conditions that apply to parallel imports than are repackaged also apply to ‘overstickering’ – Boehringer Ingelheim v Swingward, ECJ

‘Europig’ trade mark given the chop by the European Court of First Instance – Europig SA v OHIM, Court of First Instance

European Court provides guidance on the circumstances in which trade marks can be revoked for non-use – Häupl v Lidl, European Court of Justice

Ocean Tomo sells patent for online shopping technology for £2.5 million in London IP auction

Ofcom fines Channel 5 for faking winners on quiz shows

ASA decides that Shenley estate agents breached CAP code for claiming to be Shenley’s ‘leading agent’

ASA refuses to censure Intel for claiming that the Intel Core 2 Duo is ‘the world’s best processor’ on receipt of proof substantiating their claim

High Court blows out fire alarm maker’s application to stop comparative advert because of human rights law – Red Dot Technologies v Apollo Fire Detectors, High Court

Court of Appeal makes mincemeat out of interim injunction application to stop comparative advert – Boehringer Ingemheim v Vetplus, Court of Appeal

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