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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

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

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

High Court left to decide who smells of roses after ECJ gives judgment on Interflora v Marks & Spencer referral – Interflora v Marks & Spencer, European Court of Justice

28 September 2011 | Simon Weinberg

Under the Trade Marks Directive, a proprietor of a registered trade mark can prevent third parties from using any sign identical to that mark in the course of trade, where that trade is identical to the...

Tags on this discussion: AdWords brand branding brands Community Trade Mark Community Trade Mark Regulation CTM EC ECJ Europe European Commission European Court of Justice European Union Google AdWords Googler High Court illegal infringement Intellectual property intellectual property rights Interflora Internet IP M&S Marks & Spencer Member State Online register registered registered trade mark search engine sponsored listings trade mark trade mark directive trade mark infringement trade marks unauthorised unlawful web web site web sites Website websites

Intellectual Property Office makes its mind up and gives trade mark decision against original members of Bucks Fizz

19 September 2011 | Paul Gershlick

Three of the original members of Bucks Fizz, the 1981 Eurovision Song Contest winning group, have lost in an attempt to register the BUCKS FIZZ trade mark in the UK and to revoke someone else’s UK registration...

Tags on this discussion: brand brand protection branding brands goodwill infringement Intellectual Property Office IP IP infringement IP Office registered trade mark reputation trade mark trade mark directive trade mark infringement trade marks Trade Marks Act Trade Marks Act 1994 trade marks directive trademark trademark infringement trademarks UK Trade Mark UK Trade Marks

Modernising plans for IP in the UK announced

21 August 2011 | Simon Weinberg

The Government has announced plans to modernise intellectual property laws in the UK based on the recommendations of the Hargreaves Report. The Government hopes that the changes will provide much needed...

Tags on this discussion: brand branding brands copyright copyright infringement copyright licences digital market place Hargreaves Report infringement Intellectual property intellectual property law intellectual property laws Intellectual Property Office intellectual property rights Internet IP IP law IP laws IP rights IPO IPR Online orphan works PC personal computer portable device text and data mining trade mark trade mark infringement trade marks web web site web sites Website websites

Repackaged pharmaceutical products do not need to bear repackager’s name – Orifarm v Merck, European Court of Justice

29 July 2011 | Paul Gershlick

Orifarm were parallel importers of Merck’s pharmaceutical products, importing products that had been legitimately put onto the market of another European Union Member State. Merck objected to the fact...

Tags on this discussion: consent EEA EU EU law EU trade mark Europe European Economic Area European Union European Union Directive European Union law infringement Intellectual property intellectual property law intellectual property rights International IP IP infringement IPR marketing authorisation marketing authorisation holder parallel import parallel importing pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector trade mark trade mark directive trade mark infringement trade marks trade marks directive unauthorised

Refills allowed in ECJ trade mark ruling – Viking Gas v Kosan Gas, European Court of Justice

29 July 2011 | Simon Weinberg

The European Court of Justice (ECJ) has had to rule on a trade mark infringement case relating to bottles in which gas was supplied and refilled, following a referral from the Danish courts. The bottles...

Tags on this discussion: bottles brand branding brands consumer consumer confusion ECJ EU Europe European Commission European Court of Justice European Union gas gas industry illegal industry standard infringement Intellectual property intellectual property rights IP Taxation trade mark trade mark directive trade mark infringement trade marks unauthorised unlawful

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Latest news and views tagged trade mark infringement

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

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

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

High Court left to decide who smells of roses after ECJ gives judgment on Interflora v Marks & Spencer referral – Interflora v Marks & Spencer, European Court of Justice

Intellectual Property Office makes its mind up and gives trade mark decision against original members of Bucks Fizz

Modernising plans for IP in the UK announced

Repackaged pharmaceutical products do not need to bear repackager’s name – Orifarm v Merck, European Court of Justice

Refills allowed in ECJ trade mark ruling – Viking Gas v Kosan Gas, European Court of Justice

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