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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

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

Bottles bank Shütz High Court trade mark victory – Shütz v Delta Containers, High Court

19 July 2011 | Simon Weinberg

Shütz trade marked caged bulk containers, which were used to transport and store liquids in bottles inside the containers. Both the container and the bottles carried the Shütz name and had been registered...

Tags on this discussion: brand branding brands Community Trade Mark European Community Trade Mark European Community Trade Marks High Court illegal infringement Intellectual property intellectual property rights IP passing off TM trade mark trade mark infringement trade marks UK Trade Mark UK Trade Marks unauthorised unlawful

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

Passing off action success for tree surgery – Redwood Tree Services Ltd v Warren Aspey t/a Redwood Tree Surgeons, Patents County Court

28 June 2011 | Simon Weinberg

The claimant and defendant were trading within a few miles of each other under similar business names. The two businesses had managed to co-exist for some time, until the defendant started doing business...

Tags on this discussion: brand branding brands co-existence County Court goodwill infringement Intellectual property intellectual property rights IP misrepresentation passing off passing off action registered trade mark Street View trade mark trade mark infringement trade marks trademark trademarks trading trading name tree tree surgeon trees

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

High Court awards injunction to stop ex-agent using domain names similar to his ex-client’s – Lifestyle Management Ltd v Frater, High Court

21 December 2010 | Paul Gershlick

The High Court has awarded an injunction to stop the agent of its previous client from using three domain names that were confusingly similar to its ex-client’s domain names. Lifestyle Management was...

Tags on this discussion: agent brand brand protection branding brands damage domain name domain names goodwill High Court injunction Intellectual property intellectual property rights interim injunction Internet IP IP infringement misrepresentation Online passing off reputation reverse passing off

Sophisticated fake sites set up in seconds

28 September 2010 | Paul Gershlick

It takes just seconds to set up sophisticated fake web sites. Those are the claims made by First Cyber Security, the Internet security business. The problem is growing. The number of counterfeit goods...

Tags on this discussion: B2C brand branding brands business-to-consumer consumer Consumer Direct consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Regulations counterfeit cross-border email emails infringement Intellectual property intellectual property rights IP Online passing off product liability social networking site trade mark trade mark infringement trade marks trading standards web site web sites Website

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

Page 1 of 212 »

Latest news and views tagged passing off

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

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

Bottles bank Shütz High Court trade mark victory – Shütz v Delta Containers, High Court

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

Passing off action success for tree surgery – Redwood Tree Services Ltd v Warren Aspey t/a Redwood Tree Surgeons, Patents County 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

High Court awards injunction to stop ex-agent using domain names similar to his ex-client’s – Lifestyle Management Ltd v Frater, High Court

Sophisticated fake sites set up in seconds

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

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