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Specsavers seeing better now after appeals against Asda upheld – Specsavers International Healthcare Limited v Asda Stores Limited, Court of Appeal

6 February 2012 | Simon Weinberg

In 2010, the High Court was asked to consider whether a marketing campaign and rebranding by Asda in relation to its optician service infringed trade marks held by Specsavers. Many of Specsavers’ claims...

Tags on this discussion: appeal appeals Asda Asda rebranding brand branding brands Community Trade Mark Community Trade Marks Community Trade Marks Regulation confusion Court of Appeal Court of Appeal ruling CTMs High Court infringement Intellectual property intellectual property rights IP logo passing off rebranding Specsavers STM trade mark trade mark confusion trade mark infringement trade mark passing off trade mark unfair advantage trade marks unfair advantage

“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International) Ltd v 32 Red Plc, Court of Appeal

3 February 2012 | Simon Weinberg

In February 2011, the High Court ruled that two European Community Trade Marks for the “32RED” word and a figurative trade mark comprising “32” and “red” had been infringed by “32Vegas”...

Tags on this discussion: 32 32red 32vegas brand branding brands Court of Appeal CTM European Community Trade Mark European Community Trade Marks High Court illegal infringement Intellectual property intellectual property rights Internet IP Online online betting online content online gambling online gaming red TM trade mark trade mark infringement trade marks Trade Marks Act 1994 UK Trade Mark unauthorised unlawful web web site web sites Website website content websites

Customs officials cannot seize counterfeit goods that are merely in transit in the EU and not intended for sale in the EU – Philips v Lucheng and Nokia v HMRC, European Court of Justice

21 December 2011 | Paul Gershlick

Counterfeit goods that are in the European Union purely because they are in transit between non-EU countries cannot be seized by customs authorities, according to a ruling of the European Court of Justice....

Tags on this discussion: brand brand protection branding counterfeit counterfeit goods customs EU trade mark HM Revenue & Customs HMRC Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP infringement IPR seizure trade trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark infringement trademarks

Advertising laws for the Olympics come into force

14 December 2011 | Simon Weinberg

The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011 have come into force to combat the exploitation of the Olympic and Paralympic brands in London in 2012....

Tags on this discussion: 2012 Olympics advert advertising advertisment adverts brand branding brands Intellectual property intellectual property rights IP London 2012 London Olympics London Organising Committee Olympic brand Olympic Games Olympics Paralympic Paralympic brand Paralympic Games Paralympics The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011 trade mark trade marks

“The Patent Cliff – Lipitor goes over the Edge”

12 December 2011 | Laura Mole

As the largest ever number of patents protecting the pharmaceutical industry’s most profitable “blockbuster” drugs are set to expire, for India and China it’s going to be a very merry Christmas...

Tags on this discussion: brand brand protection branding brands Commercial contract contract generic generic drugs generics infringement Intellectual property intellectual property rights intellectual property rights infringement IP IP infringement IPR infringement medicine patent medicines patent patent patent cliff patent infringement patent law patented Patents Patents Act 1977 pharmaceutical patents unauthorised unlawful

Murky trade mark mess as German Merck takes action against Facebook for US Merck use of Facebook page

25 November 2011 | Paul Gershlick

Merck KGaA has applied for a court order to receive information from Facebook after the German drugs giant claims to have discovered that the social networking site had allegedly allowed its American pharmaceutical...

Tags on this discussion: brand brand protection branding brands coexistence agreement cross-border exclusive rights exclusivity injunction Intellectual property intellectual property law intellectual property laws intellectual property rights International Internet Internet use IP IP law IP laws IPR IPR infringement IPR protection IPRs On-line Online online content online IP pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector social media social network social networking social networking site social networking website territory trade mark trade marks trademark trademarks web web content web site web sites Website website content websites

Angler shows folly as trade mark angles for a victory in trade mark infringement case – Fox International v Folly, Patents County Court

25 November 2011 | Paul Gershlick

Fox had a European Community Trade Mark for “STALKER” in respect of fishing equipment. Folly sold fishing equipment on the Internet under the name “STALKER” but replacing the “T” with a picture...

Tags on this discussion: brand brand protection branding brands Community Trade Mark Community Trade Mark Regulation Community Trade Marks EU law EU trade mark European Community Trade Marks infringement Intellectual property intellectual property rights intellectual property rights infringement Internet IP IP infringement IPR IPR infringement On-line Online online content online IP Patents County Court PCC trade trade mark trade mark directive trade mark infringement Trade Mark Regulation trade marks trade marks directive trademark trademarks web web content web site web sites Website website content websites

ASA bans perfume advert because it could “sexualise a child”

16 November 2011 | Simon Weinberg

The Advertising Standards Authority (ASA) has banned an advert for ‘Oh Lola!’ perfume, manufactured by Coty UK, featuring the 17-year-old actress Dakota Fanning. The advert featured the actress in...

Tags on this discussion: advert advertise advertisement advertisements advertiser advertising advertising content Advertising Standards Advertising Standards Authority Advertising Standards Authority ruling advertisment adverts ASA brand branding brands CAP code CAP Code breach Coty UK Dakota Fanning non-broadcast non-broadcast advert non-broadcast advertisement non-broadcast advertisements non-broadcast adverts

ITV told to mind the law, and be careful talking about it

7 November 2011 | Mark Weston

Ofcom, the UK communications regulator, has ruled that ITV breached the BCAP Code when interviewing the actress Amanda Holden on morning television. The Code specifies what broadcasters can and cannot...

Tags on this discussion: Amanda Holden BCAP BCAP Code BCAP Code Breach BCAP COde Compliance brand branding brands broadcast broadcast rights broadcaster broadcasters broadcasting broadcasts communications regulator illegal infringement ITV morning television Ofcom Ofcom ruling QualitySolicitors television TV undue prominence unlawful

US website loses battle for passing off as reputation amongst UK users not enough to establish goodwill if it does not have customers – Plentyoffish Media v Plenty More, High Court

4 November 2011 | Simon Weinberg

The operator of a US dating website, Plentyoffish, opposed an application by Plenty More, a UK dating website, to register a figurative trade mark using the words “plenty more fish”. Plentyoffish argued...

Tags on this discussion: brand branding brands date dating dating website domain name figurative trade mark goodwill goodwill passing off High Court infringement Intellectual property intellectual property rights Internet IP Online online content passing off reputation reputation passing off trade mark trade mark registration trade marks Trade Marks Act 1994 unauthorised unlawful web web site web sites Website website content websites

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Latest news and views tagged branding

Specsavers seeing better now after appeals against Asda upheld – Specsavers International Healthcare Limited v Asda Stores Limited, Court of Appeal

“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International) Ltd v 32 Red Plc, Court of Appeal

Customs officials cannot seize counterfeit goods that are merely in transit in the EU and not intended for sale in the EU – Philips v Lucheng and Nokia v HMRC, European Court of Justice

Advertising laws for the Olympics come into force

“The Patent Cliff – Lipitor goes over the Edge”

Murky trade mark mess as German Merck takes action against Facebook for US Merck use of Facebook page

Angler shows folly as trade mark angles for a victory in trade mark infringement case – Fox International v Folly, Patents County Court

ASA bans perfume advert because it could “sexualise a child”

ITV told to mind the law, and be careful talking about it

US website loses battle for passing off as reputation amongst UK users not enough to establish goodwill if it does not have customers – Plentyoffish Media v Plenty More, High Court

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