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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 | Mark Weston

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...

Tags on this discussion: agreement brand branding brands breach of contract commercial commercial agreement Commercial contract commercial contracts commission contract contract law contracts dispute High Court image rights reasonable reasonableness restraint of trade unenforceable unreasonable void

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

20 July 2010 | Mark Weston

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

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 | Mark Weston

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...

Tags on this discussion: brand branding brands illegal Intellectual property intellectual property rights threats trade mark trade mark infringement trade marks unjustifiable threat unlawful

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...

Tags on this discussion: brand branding brands goodwill Intellectual property Intellectual Property Office intellectual property rights IP IPO reputation trade mark trade mark infringement trade marks unfair

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

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Latest news and views tagged brand

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

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

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

Trade mark applicant told that use of Idol is not ideal

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

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