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High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

23 July 2010 | Paul Gershlick

Omega SA was a Swiss company that manufactured watches for over 150 years. Omega Engineering Inc was an American company that has manufactured products for measurement of temperature and humidity for about...

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Don’t be so casual with use of easy name and up your game, Stelios tells easyJet

23 July 2010 | Paul Gershlick

Stelios Haji-Ioannou – the founder of easyJet - has told the airline that it must improve its performance if it wants to continue using the ‘easy’ name. Although he was the founder, his family are...

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Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

23 July 2010 | Paul Gershlick

Wayne Rooney had assigned his image rights to S, to act on his behalf with negotiating sponsorship deals. P agreed with S whereby P would act on behalf of S for exploiting some those rights. The agreement...

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ISPs seek judicial ruling over legality of Digital Economy Act

21 July 2010 | Paul Gershlick

BT and Talk Talk – the Internet service providers – have asked the High Court to provide a ruling as to whether the Digital Economy Act is unlawful. They complain that the Act was scrambled through...

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Alleged file-sharers face crackdown from Ministry of Sound

20 July 2010 | Paul Gershlick

The Ministry of Sound has sent 2,000 letters out to people who it alleges have unlawfully infringed its copyright by downloading or uploading its tracks without permission. The letters ask for compensation...

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ECJ gives guidance to objecting to use of trade marks in keywords – Portakabin v Primakabin, European Court of Justice

20 July 2010 | Paul Gershlick

The European Court of Justice has given guidance as to when registered trade mark owners can complain about the use of their marks by people who bid for them to appear high up search engine results. In...

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ASA tells brand not to use misleading ‘manufactured by leading British manufacturer’ claim in its ads

16 July 2010 | Paul Gershlick

The Advertising Standards Authority has upheld a complaint against the following: ‘Manufactured by a leading British manufacturer, Tootal’. Tootal was a brand that was not the manufacturer. It was...

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High Court says there was no unlawful threat of trade mark infringement as it needed to be viewed in the context of wider negotiations – Best Buy v Worldwide Sales Corp, High Court

14 July 2010 | Paul Gershlick

Best Buy was a large American retail chain and was opening stores in the UK. Best Buy had applied to register a European Community Trade Mark. The application was opposed by the owner of an existing trade...

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Trade mark applicant told that use of Idol is not ideal

13 July 2010 | Paul Gershlick

The Intellectual Property Office has allowed in part an application from the owners of the POP IDOL registered trade mark to oppose the application for MODEL IDOL. The description of some of the advertising...

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Goods with label saying ‘Not For Sale’ and ‘Demonstration’ could not be sold in EEA without owner’s consent – Coty Prestige v Simex Trading, European Court of Justice

11 June 2010 | Mark Weston

Coty made and marketed perfumes under its trade marks such as Lancaster and Joop! It used a selective distribution system to sell those goods. Simex was not an authorised seller but it had provided goods...

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