Archive for July, 2009
Danjaq – the owner of the rights in the James Bond film, Dr No - has failed to prevent Mission Productions from registering a European Community trade mark for the term ‘DR NO’ for bags, clothing,...
Last minute case win for popular bargain web site – Last Minute Network v OHIM, European Court of First Instance
Last Minute Network Ltd (‘LM Network’) applied to register the word LASTMINUTE.COM as a European Community trade mark in 2000 for classes 39 and 42 of the trade marks register. Its application failed...
All not smelling rosy for cheap copycat perfumes, as L’Oréal battle to Europe was really worth it – L’Oréal v Bellure, European Court of Justice
L’Oréal brought an action for trade mark infringement against the defendant who sold look-alike/smell-alike perfumes - perfumes that looked and smelt like some of L’Oréal’s established fine fragrance...
Patent rights not lost if prototype on display to people not skilled in appreciating the relevant product – Folding Attic Stairs v Loft Stairs, High Court
F sued L for allegedly infringing F’s patented folding loft stairs. The issue here was that prior to applying for patent protection, F invited members of the public onto its premises, where they were...
Advert promoting ‘free laser eye surgery’ lacked clarity, says ASA
A competition advertised by Optical Express offering entrants the chance to ‘win free laser eye surgery’ was found to be lacking in clarity and likely to mislead participants. The advertisement failed...
ASA finds Ocado’s price-matching claims to be untruthful
The Advertising Standards Authority has ruled that price-matching claims made by Ocado, the online supermarket, failed to meet its rules on truthfulness when drawing comparisons with Tesco’s web site....
ASA upholds complaint against advertiser who referred to a fictitious approvals body in a radio advert
The Advertising Standards Authority has upheld a consumer complaint that a radio advert was misleading because it referred to a product being ‘MPS-approved’, in breach of the Radio Advertising Standards...
Final Digital Britain report published
The final Digital Britain report has been published. It arose out of an action plan commissioned by the government in 2008 on the future of the digital and communications industries. The plan was aimed...
The Pirate Bay goes legal and is sold for £5m
The Pirate Bay – the file-sharing site – has been sold by its founders for about £5m. Global Gaming Factory – the new owners – say that the site will become legitimate. The Pirate Bay was...
Albums sold for just 29p on Amazon in on-line pricing blunder
Consumers were delighted to discover that they were able to download albums by top music artists from Amazon for the bargain price of 29p after Amazon had made a pricing error on its web site. Prices...