brand protection « Matthew Arnold & Baldwin LLP | Giving you a lot more than just law…|MAB

Latest input tagged brand protection

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...

Tags on this discussion: brand brand protection branding brands breach breach of contract co-existence co-existence agreement commercial agreement Commercial contract contract contract law contracts High Court Intellectual property intellectual property rights IP summary judgment trade mark trade mark infringement trade marks

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...

Tags on this discussion: AdWords brand brand protection branding brands CJEU Court of Justice of European Union Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights IP Online search engine search engines search result search term trade mark trade mark infringement trade marks unauthorised unlawful

Court of Appeal thinks ECJ comparative advertising ruling is not worth it, but follows it reluctantly – L’Oréal v Bellure, Court of Appeal

8 June 2010 | Paul Gershlick

The Court of Appeal has followed a key 2009 decision of the European Court of Justice on comparative advertising because it said it had to do so, but issued some stinging criticism of the ECJ’s ruling....

Tags on this discussion: brand brand protection branding comparative advertising Court of Appeal Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks

Small Essex café owner tells Harrods that they’ll continue to call themselves Hollands

7 June 2010 | Paul Gershlick

The owner of a small café in Essex has vowed to carry on calling themselves Hollands, despite a heavyweight challenge by Harrods. Nigel Holland said he was ‘amazed’ when Harrods’ lawyers wrote to...

Tags on this discussion: brand brand protection branding brands confusingly similar confusion free riding goodwill Intellectual property intellectual property rights IP passing off reputation trade mark trade mark infringement trade marks

Counterfeit imports can now be destroyed without brand owners having to go to court

6 May 2010 | Paul Gershlick

Goods which are suspected of being counterfeit can now be destroyed without the brand owner having to go to court to get an order in respect of each consignment. This change reverses the rules which HMRC...

Tags on this discussion: brand brand protection brands counterfeit HMRC import importer infringement Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks

eBay not liable for counterfeit Tiffany products sold in US

20 April 2010 | Paul Gershlick

Tiffany has lost a legal action brought against eBay in which the jewellery shop sought to hold the popular online auction site liable for sales made of counterfeit products through its online platform....

Tags on this discussion: brand brand protection brands counterfeit eBay European Court of Justice High Court Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks

European Court of Justice applies recent ruling in Google v Louis Vuitton case, but we’re still none the wiser of the implications – Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmueller v Guenter, European Court of Justice

26 March 2010 | Paul Gershlick

As reported here, the European Court of Justice has recently ruled on the long-awaited Google v Louis Vuitton case, concerning the extent to which brand owners, competitors and search engine providers...

Tags on this discussion: AdWords brand brand protection branding brands comparative advertising e-commerce ECJ European Court of Justice Intellectual property intellectual property rights Internet referencing service provider keywords search engine search engines search term trade mark trade mark infringement trade marks

European Court of Justice gives eagerly-awaited ruling in Google keyword search terms trade mark cases – Google v Louis Vuitton, European Court of Justice

26 March 2010 | Paul Gershlick

In an eagerly-awaited judgment, the European Court of Justice has ruled on whether use of a trade mark term for the purpose of creating a sponsored advert and getting higher up the search results could...

Tags on this discussion: AdWords brand brand protection branding brands comparative advertising e-commerce E-Commerce Directive E-Commerce Regulations ECJ Electronic Commerce Directive European Court of Justice expeditious host hosting Intellectual property intellectual property rights Internet referencing service provider keywords Louis Vuitton search engine search engines search term trade mark trade mark infringement trade marks

Nominet wants to open up rights to register short uk domain names

16 March 2010 | Mark Weston

Nominet – the not-for-profit body in charge of regulating the registration of domain names ending in ‘.uk’ - has revealed plans to introduce some more popular and sought after names. Until now, it...

Tags on this discussion: brand brand protection brands domain name Intellectual property intellectual property rights Nominet trade mark

Own name defence to registered trade mark infringement applies to trading as well as corporate names, but use must be honest – Hotel Cipriani v Cipriani (Grosvenor Street) Ltd, Court of Appeal

4 March 2010 | Paul Gershlick

HC – which owned hotels under the name ‘Cipriani’ in Italy, Portugal and Madeira - has won in its trade mark infringement action against the owners of a restaurant that called itself ‘Cipriani...

Tags on this discussion: brand brand protection Court of Appeal honest practices Intellectual property intellectual property rights own name trade mark trade mark infringement

Latest input tagged brand protection

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

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

Court of Appeal thinks ECJ comparative advertising ruling is not worth it, but follows it reluctantly – L’Oréal v Bellure, Court of Appeal

Small Essex café owner tells Harrods that they’ll continue to call themselves Hollands

Counterfeit imports can now be destroyed without brand owners having to go to court

eBay not liable for counterfeit Tiffany products sold in US

European Court of Justice applies recent ruling in Google v Louis Vuitton case, but we’re still none the wiser of the implications – Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmueller v Guenter, European Court of Justice

European Court of Justice gives eagerly-awaited ruling in Google keyword search terms trade mark cases – Google v Louis Vuitton, European Court of Justice

Nominet wants to open up rights to register short uk domain names

Own name defence to registered trade mark infringement applies to trading as well as corporate names, but use must be honest – Hotel Cipriani v Cipriani (Grosvenor Street) Ltd, Court of Appeal

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