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

Latest input tagged trade mark

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

1 September 2010 | Paul Gershlick

M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

20 August 2010 | Paul Gershlick

This case surrounded two licences to make and sell Umbro’s football clothes in the US. One licence (to Dick’s) was for the exclusive sale of on-field sports clothing and the other (to Hudson Bay) was...

Tags on this discussion: actual authority agreement approval authorisation brand branding brands breach breach of contract commercial commercial agreement Commercial contract commercial law consent contract contract law contracts Court of Appeal High Court logo merchandise merchandising agreement ostensible authority Sport trade mark trade marks unauthorised

Skype admits to losing trade mark battle with Sky

18 August 2010 | Mark Weston

Skype is engaged in a battle to keep its brand. Sky – the broadcaster which also is an Internet service provider and telephone service provider – claims that the Voice over Internet Protocol company’s...

Tags on this discussion: brand brand protection branding brands CJEU Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights IP OHIM opposition trade mark trade mark infringement trade marks

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

Intellectual Property Office reports on millions of pounds worth of counterfeit and pirated products seized

10 August 2010 | Paul Gershlick

The Intellectual Property Office’s annual Intellectual Property Crime Report has shown the millions of pounds of pirated or counterfeit products that have been seized in the last year. The Report also...

Tags on this discussion: copyright copyright infringement counterfeit illegal infringement Intellectual property Intellectual Property Office intellectual property rights IPO pirated trade mark trade mark infringement trade marks unauthorised unlawful

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

Alleged file-sharers face crackdown from Ministry of Sound

20 July 2010 | Mark Weston

The Ministry of Sound has sent 2,000 letters out to people who it alleges have unlawfully infringed its copyright by downloading or uploading its tracks without permission. The letters ask for compensation...

Tags on this discussion: copyright copyright infringement damages Digital Economy Act Digital Economy Bill file-sharing illegal infringement Intellectual property intellectual property rights IP loss Online P2P patent patent infringement Patents peer-to-peer trade mark trade mark infringement trade marks unauthorised unlawful web sites

Latest input tagged trade mark

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

Skype admits to losing trade mark battle with Sky

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

Intellectual Property Office reports on millions of pounds worth of counterfeit and pirated products seized

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

Alleged file-sharers face crackdown from Ministry of Sound

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