Archive for June, 2009

Nasdaq name not registrable because it would take unfair advantage of the more famous use of the brand – Antartica v OHIM, European Court of Justice

1 June 2009 | Paul Gershlick

A applied to register a figurative sign containing the word ‘NASDAQ’ as a European Community Trade Mark for sports clothing. N opposed the application on the basis of its prior CTM registration related...

Changes to Google’s AdWords policy may lead to further trade mark disputes

1 June 2009 | Paul Gershlick

Google has taken some bold steps to boost its advertising revenues which may land it in hot water. Google has already been at the centre of a number of cases around the world surrounding use of trade marks...

Not all in the garden is rosy, as M&S vs Interflora spat leads to further reference to European Court of Justice over sponsored keywords – Interflora v Marks & Spencer, High Court

1 June 2009 | Paul Gershlick

Interflora sued Marks & Spencer for M&S’s use of Interflora’s registered trade marks in sponsored keywords with Google’s AdWords service. Keyword advertising is an important advertising medium...

eBay not liable for trade mark infringement of its users, but use in sponsored links needs a further ruling – L’Oréal v eBay, High Court

1 June 2009 | Paul Gershlick

eBay has survived the latest skirmish relating to whether it is responsible for unlawful actions of its users. L’Oréal showed evidence to the High Court that out of 287 test purchases it had made on...

Software patent for remote programming of mobile phones approved by the UK IP Office

1 June 2009 | Paul Gershlick

A patent for software that allows remote programming of mobile phones has been approved by the UK Intellectual Property Office. The software, now owned by Nokia, enables a computer to control a mobile...

IP Office introduces accelerated process for ‘green’ patent applications

1 June 2009 | Paul Gershlick

The UK Intellectual Property Office has announced a package of measures to enable inventions for ‘green’ or environmentally-friendly technology to proceed through to registration quicker than other...

ASA bans ‘Shifty’ email

1 June 2009 | Paul Gershlick

The Advertising Standards Authority has banned Metrodome Group plc from sending an email advertisement promoting the film ‘Shifty’ which purported to be from a government body conducting a drugs investigation...

Email reporting Natasha Richardson death in order to sell ski helmets was insensitive and likely to cause serious offence

1 June 2009 | Paul Gershlick

The Advertising Standards Authority has found that an email reporting the death of British actress Natasha Richardson which included an advertisement for ski helmets was likely to be seen as insensitive...

ASA says data aggregation sites must update their records every day and show sustained trend if they want to make statements about other rival sites

1 June 2009 | Paul Gershlick

Data aggregating web sites must update their data every day if they want to make statements about the superior data that they use in their comparisons. Those were the findings of the Advertising Standards...

CAP and BCAP consult on reforms to advertising codes of practice

1 June 2009 | Paul Gershlick

The Committee of Advertising Practice (which regulates the British Code of Advertising, Sales Promotion and Direct Marketing, the code of practice for non-broadcast advertising) and the Broadcast Committee...

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Archive for June, 2009

Nasdaq name not registrable because it would take unfair advantage of the more famous use of the brand – Antartica v OHIM, European Court of Justice

Changes to Google’s AdWords policy may lead to further trade mark disputes

Not all in the garden is rosy, as M&S vs Interflora spat leads to further reference to European Court of Justice over sponsored keywords – Interflora v Marks & Spencer, High Court

eBay not liable for trade mark infringement of its users, but use in sponsored links needs a further ruling – L’Oréal v eBay, High Court

Software patent for remote programming of mobile phones approved by the UK IP Office

IP Office introduces accelerated process for ‘green’ patent applications

ASA bans ‘Shifty’ email

Email reporting Natasha Richardson death in order to sell ski helmets was insensitive and likely to cause serious offence

ASA says data aggregation sites must update their records every day and show sustained trend if they want to make statements about other rival sites

CAP and BCAP consult on reforms to advertising codes of practice

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