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Confusion between Gaga and Goo Goo results in injunction – Ate My Heart v Mind Candy, High Court

14 October 2011 | Paul Gershlick

Ate My Heart has succeeded in obtaining a High Court injunction to stop Mind Candy from promoting a song on YouTube and iTunes featuring the fictional character Lady Goo Goo. Ate My Heart was the company...

Tags on this discussion: brand branding brands confusingly similar confusion consumer consumer confusion dilution download High Court High Court injunction infringe infringement injunction Injunctions Intellectual property intellectual property rights intellectual property rights infringement interim injunction Internet Internet use IP IP infringement IP rights IPR IPR infringement iTunes likelihood of confusion music music downloads music industry music law On-line online content online IP parody tarnish tarnishment trade trade mark trade mark infringement trade marks trademark trademark infringement trademarks unfair unfair advantage YouTube

Life on the edge fails – Future Publishing Ltd v The Edge Interactive Media Inc, High Court

10 July 2011 | Mark Weston

FP distributed a computer gaming magazine, called ‘Edge’, which had a distinctive logo for its title. One of the defendant companies owned ‘Edge’ trade marks for goods in class 16 (books, paper,...

Tags on this discussion: agreement agreements brand branding brands breach breach of agreement breach of contract coexistence agreement commercial agreement commercial agreements Commercial contract commercial contracts confusingly similar confusion contract contract breach contracts copyright copyright infringement fundamental breach goodwill High Court infringement Intellectual property intellectual property law intellectual property rights invalid IP IP infringement IP law likelihood of confusion misrepresentation registered trade mark repudiatory breach reputation trade mark trade mark infringement trade marks trademark trademark infringement trademarks

United copycat hopes suffer crash landing – United Airlines Inc v United Airways Limited and United Airways Bangladesh Limited, High Court

4 July 2011 | Paul Gershlick

United Airlines, the famous US airline, has won a comprehensive victory and obtained summary judgment in the High Court against a Bangladeshi airline that went under the name United Airways. The High Court...

Tags on this discussion: bad faith brand brand protection branding brands confusingly similar confusion goodwill High Court infringement injunction Intellectual property intellectual property rights IP IP infringement IP protection likelihood of confusion misrepresentation passing off registered trade mark reputation similar summary judgment trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademark infringement trademarks unfair unfair advantage

Yell screeches to home win in trade mark infringement and passing off case where websites were based abroad – Yell v Giboin and Zagg, Patents County Court

15 April 2011 | Paul Gershlick

Yell owns a UK registered trade mark for “Yellow Pages” and a walking fingers logo. Through two transport business directory websites that Giboin and his companies operated from another country, they...

Tags on this discussion: brand branding brands confusingly similar confusion damage Intellectual property intellectual property law intellectual property rights International IP IP infringement jurisdiction logo misrepresentation Online passing off Patents County Court trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademarks unauthorised web site web site content web sites Website website content websites

Likelihood of confusion can arise after goods sold – Datacard v Eagle, High Court

15 April 2011 | Paul Gershlick

Datacard had a trade mark registered for printer parts. Eagle sold Datacard’s and others’ printer ribbons, as well as compatible printer ribbons under its PLUS-RIBBON trade mark. Datacard claimed that...

Tags on this discussion: brand branding brands CJEU confusingly similar confusion Court of Justice of European Union Court of Justice of the European Union Directive ECJ EU Europe European Court of Justice European Union High Court infringement Intellectual property intellectual property law intellectual property rights IP IP infringement likelihood of confusion trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademarks

M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”

2 April 2011 | Mark Weston

An Advocate General has given his view to the European Court of Justice in a trade mark infringement case involving keyword advertising. The case revolved around M&S sponsoring “Interflora” as...

Tags on this discussion: ad ads advert advertising adverts advocate general AdWords CJEU comparative advertising confusingly similar Court of Justice of European Union Court of Justice of the European Union ECJ EU Europe European Court of Justice European Union infringement Intellectual property intellectual property rights Internet Internet use Internet user IP IP infringement keyword misleading misleading advert misleading advertisement misleading advertising misleading adverts Online online advertising online content online marketing online trading search search engine search engines search result search term trade mark trade mark infringement trade marks trade marks directive unfair unfair advantage web web site web sites Website websites

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

Numatic fails to see funny side of imitation as Henry cleans up in vacuum dispute – Numatic v Qualtex, High Court

7 June 2010 | Mark Weston

In what has proved to be a very dirty dispute, Numatic has obtained a ruling from the High Court that Qualtex’s proposed new vacuum cleaner amounted to passing off. The prototype for the product looked...

Tags on this discussion: confusingly similar confusion goodwill High Court Intellectual property intellectual property rights IP passing off reputation

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

Ruling tastes good for Smirnoff as vodka name gets protected status – Diageo v Intercontinental Brands, High Court

9 February 2010 | Paul Gershlick

Tags on this discussion: confusingly similar confusion goodwill Intellectual property intellectual property rights misrepresentation passing off reputation

Page 1 of 212 »

Latest news and views tagged confusingly similar

Confusion between Gaga and Goo Goo results in injunction – Ate My Heart v Mind Candy, High Court

Life on the edge fails – Future Publishing Ltd v The Edge Interactive Media Inc, High Court

United copycat hopes suffer crash landing – United Airlines Inc v United Airways Limited and United Airways Bangladesh Limited, High Court

Yell screeches to home win in trade mark infringement and passing off case where websites were based abroad – Yell v Giboin and Zagg, Patents County Court

Likelihood of confusion can arise after goods sold – Datacard v Eagle, High Court

M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”

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

Numatic fails to see funny side of imitation as Henry cleans up in vacuum dispute – Numatic v Qualtex, High Court

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

Ruling tastes good for Smirnoff as vodka name gets protected status – Diageo v Intercontinental Brands, High Court

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