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

Latest input tagged brands

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

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...

Tags on this discussion: agreement brand branding brands breach breach of contract commercial agreement Commercial contract commercial contracts contract contracts Intellectual property intellectual property rights IP licence termination trade mark trade marks

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...

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 | 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

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...

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

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

Latest input tagged brands

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

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

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

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

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