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It’s drinks all round as Diageo celebrates confirmation that VODKA has sufficient protectable rights in passing off – Diageo v Intercontinental Brands, Court of Appeal

17 August 2010 | Paul Gershlick

Diageo – the owner of the market leading brand, Smirnoff – has obtained an important judgment protecting the vodka name from being passed off as a cheaper imitation called vodkat. Smirnoff has been...

Tags on this discussion: brand brand protection branding brands confusingly similar confusion Court of Appeal goodwill High Court Intellectual property intellectual property rights IP misrepresentation passing off reputation

Google announces relaxation in policy towards use of registered trade marks as keywords

16 August 2010 | Mark Weston

Google has announced a relaxation of its policies involving the sponsoring of other people’s trade marks as keywords. Sponsoring keywords triggers adverts when Internet users search on those terms. The...

Tags on this discussion: advertising brand brand protection branding brands CJEU comparative advertising Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights Internet IP keywords Online search search engine search engines trade mark trade mark infringement trade marks

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

16 August 2010 | Paul Gershlick

Specsavers was a famous money-saving optician and had registered trade marks for its name and two overlapping ovals logo. Asda was re-launching its optician service. Specsavers objected to the logo and...

Tags on this discussion: brand branding brands comparative advertising detriment EU law European Union High Court infringement Intellectual property intellectual property rights IP logo trade mark trade mark infringement trade marks Trade Marks Act unfair unfair advantage

Parallel importer not brand owner has burden of proving that goods were on the market with brand owner’s consent – Honda v David Silver Spares, High Court

10 August 2010 | Paul Gershlick

DSS was the leading supplier of spare parts for Honda motorbikes. Honda alleged that DSS was infringing its registered trade marks by importing and supplying Honda branded parts which had not been put...

Tags on this discussion: brand branding brands EEA EU European Economic Area European Union exhaustion of rights High Court illegal infringement Intellectual property intellectual property rights IP parallel import trade mark trade mark infringement trade marks unlawful

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 | Mark Weston

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 | 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

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Latest news and views tagged brands

It’s drinks all round as Diageo celebrates confirmation that VODKA has sufficient protectable rights in passing off – Diageo v Intercontinental Brands, Court of Appeal

Google announces relaxation in policy towards use of registered trade marks as keywords

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

Parallel importer not brand owner has burden of proving that goods were on the market with brand owner’s consent – Honda v David Silver Spares, High Court

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

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