Sector

Brands

We provide advice on brand protection and comparative advertising issues, and split IP ownership and complex royalty arrangements. Working with a number of Trade Mark Attorneys, our team regularly advise on best practice for safeguarding inventions and registration issues and provide a full intellectual property service covering protection and exploitation of IP rights.

Key team contact

Paul Gershlick
01923 208816
paul.gershlick@mablaw.com

Latest news and views about Brands

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Nokia and Apple ring the same tone and settle at last

16 June 2011 | Simon Weinberg

Nokia filed several proceedings last year against Apple for patent infringements, with the dispute growing as Apple countersued (as can be seen here and here), but the two technology companies have finally...

Tags on this discussion: Apple brand branding brands commercial agreement Commercial contract commercial contracts contract contract law contracts dispute illegal infringement Intellectual property intellectual property rights IP Nokia patent patent infringement patent infringements patent law patent licence royalties technology technology licence technology licensing agreement unauthorised unlawful

Brand new website to prevent counterfeit sales

14 June 2011 | Mark Weston

A new website has been launched by Brand Information Limited in partnership with the Trading Standards Institute (TSI) to help protect online consumers from purchasing counterfeit goods. The website is...

Tags on this discussion: brand branding brands consumer consumer protection consumers counterfeit counterfeit goods illegal infringement Intellectual property intellectual property rights Internet IP Online retailers trade mark trading standards Trading Standards Institute unauthorised unlawful web web site web sites Website websites

European Commission publishes strategy for IP rights

9 June 2011 | Mark Weston

The European Commission has published its strategy for intellectual property rights. There are some common themes with the Hargreaves Digital Opportunity Report - in particular, ensuring that the economy...

Tags on this discussion: brand brand protection branding brands Community Trade Mark Community Trade Marks copyright Copyright Directive copyright holder copyright holders copyright owner copyright owners counterfeit counterfeit goods Counterfeit Goods Regulation digital Digital Copyright Exchange Digital Opportunity Report Directive EU EU law EU trade mark Europe European Commission European Community Trade Marks European Union law Hargreaves Hargreaves Report Hargreaves Review Intellectual property intellectual property rights Internet Internet use Internet user invention Inventions IP IT new Directive On-line Online online content orphan works piracy pirated regulation Software software piracy trade mark trade mark directive trade marks trade marks directive trademark trademarks UGC user user-generated content web web content web postings web site web site content web sites web-piracy Website website content

Court calls time on trade mark opposition in breach of coexistence agreement – Omega SA v Omega Engineering Inc, Court of Appeal

7 June 2011 | Paul Gershlick

The Court of Appeal has upheld a summary judgment claim in favour of the US Omega company, which objected to the Swiss Omega company’s opposition to the US company’s trade mark application in the UK....

Tags on this discussion: agreement agreements breach breach of contract co-existence agreement coexistence agreement commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract breach contracts Court of Appeal High Court implied implied term implied terms Intellectual property intellectual property rights IP material breach serious breach summary judgment

Hargreaves Digital Opportunity Report of intellectual property published

6 June 2011 | Mark Weston

Professor Ian Hargreaves has published his report on intellectual property rights that had been commissioned by David Cameron in November last year. His report makes ten recommendations, which include...

Tags on this discussion: copy copyright Copyright Designs and Patents Act 1998 copyright holder copyright holders copyright licence copyright owner copyright owners cross-border DCE DEA design design right design rights designer designs digital Digital Copyright Exchange Digital Economy Act Digital Economy Act 2010 Digital Economy Bill Digital Opportunity Report digital rights EPO EU EU law Europe European Commission European Patent Office European Union European Union law exception format format-shifting Gowers Gowers Review Hargreaves Hargreaves Report Hargreaves Review illegal innovation intellectual creation Intellectual property intellectual property law Intellectual property licence Intellectual Property Office intellectual property rights invention Inventions IP IP law IP licence IP Office IPO IT licence licence agreement licence fee licence terms orphan works parody patent patent thicket patented Patents Patents Act Performing Rights Society PRS registered design research Software software licence unauthorised unlawful unregistered design right

European Commission updates counterfeit goods regulation to help rights holders better enforce rights

6 June 2011 | Paul Gershlick

The European Commission has published a proposed Regulation regarding the customs enforcement of intellectual property rights. If implemented, the Regulation would update the Counterfeit Goods Regulation...

Tags on this discussion: copyright infringement counterfeit Counterfeit Goods Regulation database right infringement design design right design right infringement design rights design rights infringement designs EU EU law Europe European Commission European law European Union infringement Intellectual property intellectual property rights International IP IP infringement parallel import parallel importing patent infringement piracy pirate games pirate video games pirated registered design regulation right rights semi-conductor topography software piracy trade mark infringement trademark infringement unregistered design right

Response to coexistence request asserting existing trade mark rights could amount to unlawful threat of trade mark infringement – Best Buy v Worldwide Sales Corporation Espana, Court of Appeal

2 June 2011 | Paul Gershlick

Best Buy US was a US consumer electronics retailer that opened up shops in the UK and planned to do so around Europe. It also sought to register “Best Buy” as a European Community Trade Mark. Espana...

Tags on this discussion: brand brand protection branding brands co-existence agreement coexistence agreement Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Appeal CTM EU trade mark European Community Trade Marks High Court illegal infringement Intellectual property intellectual property rights International IP IP infringement opposition services trade mark trade mark directive trade mark infringement Trade Mark Regulation trade marks Trade Marks Act trade marks directive trademark trademark infringement trademarks unlawful unlawful threat unlawful threats

IPO receives complaint about Tesco yogurt trade mark application

15 April 2011 | Simon Weinberg | 1 comment

Eckes-Granni, the German food manufacturer, has filed its opposition with the UK’s Intellectual Property Office to Tesco’s registered trade mark application for its new ‘Yoo’ range of yogurts. The...

Tags on this discussion: brand brand protection branding brands Community Trade Mark EU trade mark European Community Trade Marks illegal infringement Intellectual property intellectual property law Intellectual Property Office intellectual property rights IP IP infringement IPO opposition trade mark trade mark infringement trade marks trademark trademark infringement trademarks unauthorised unlawful

Yell screeches to home win in trade mark infringement and passing off case where websites were based abroad – Yell v Giboin and Zagg, Patents County Court

15 April 2011 | Paul Gershlick

Yell owns a UK registered trade mark for “Yellow Pages” and a walking fingers logo. Through two transport business directory websites that Giboin and his companies operated from another country, they...

Tags on this discussion: brand branding brands confusingly similar confusion damage Intellectual property intellectual property law intellectual property rights International IP IP infringement jurisdiction logo misrepresentation Online passing off Patents County Court trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademarks unauthorised web site web site content web sites Website website content websites

Likelihood of confusion can arise after goods sold – Datacard v Eagle, High Court

15 April 2011 | Paul Gershlick

Datacard had a trade mark registered for printer parts. Eagle sold Datacard’s and others’ printer ribbons, as well as compatible printer ribbons under its PLUS-RIBBON trade mark. Datacard claimed that...

Tags on this discussion: brand branding brands CJEU confusingly similar confusion Court of Justice of European Union Court of Justice of the European Union Directive ECJ EU Europe European Court of Justice European Union High Court infringement Intellectual property intellectual property law intellectual property rights IP IP infringement likelihood of confusion trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademarks

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