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“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

Advertising laws for the Olympics come into force

14 December 2011 | Simon Weinberg

The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011 have come into force to combat the exploitation of the Olympic and Paralympic brands in London in 2012....

Tags on this discussion: 2012 Olympics advert advertising advertisment adverts brand branding brands Intellectual property intellectual property rights IP London 2012 London Olympics London Organising Committee Olympic brand Olympic Games Olympics Paralympic Paralympic brand Paralympic Games Paralympics The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011 trade mark trade marks

Murky trade mark mess as German Merck takes action against Facebook for US Merck use of Facebook page

25 November 2011 | Paul Gershlick

Merck KGaA has applied for a court order to receive information from Facebook after the German drugs giant claims to have discovered that the social networking site had allegedly allowed its American pharmaceutical...

Tags on this discussion: brand brand protection branding brands coexistence agreement cross-border exclusive rights exclusivity injunction Intellectual property intellectual property law intellectual property laws intellectual property rights International Internet Internet use IP IP law IP laws IPR IPR infringement IPR protection IPRs On-line Online online content online IP pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector social media social network social networking social networking site social networking website territory trade mark trade marks trademark trademarks web web content web site web sites Website website content websites

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

IPO gives Cadbury sweet victory by allowing it to register purple mark

14 November 2011 | Simon Weinberg

The Intellectual Property Office (IPO) has allowed Cadbury, the chocolate manufacturer, to register a specific shade of purple as a UK trade mark for chocolate-based products. Cadbury’s application had...

Tags on this discussion: Cadbury Cadbury's chocolate chocolate manufacturer Intellectual property Intellectual Property Office intellectual property rights IP IPO IPO registration IPR mark registration Nestlé trade mark trade mark application trade mark registration trade marks Trade Marks Act 1994 UK Trade Mark UK Trade Marks

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

Government changes Olympics ambush marketing rules to ban adverts on human bodies, but permits adverts being sent to mobile devices

1 November 2011 | Paul Gershlick

The Department of Culture, Media and Sport has listened to response in a consultation on its proposed London Olympic Games and Paralympic Games (Advertising and Trading) Regulations. Accordingly, it has...

Tags on this discussion: ambush marketing brand brand protection branding brands Intellectual property intellectual property rights IP IPR sponsorship sponsorship agreement sponsorship contract Sport trade mark trade marks trademark trademarks

OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice

30 October 2011 | Simon Weinberg

Freixenet applied to register the features of a wine bottle as a European Community Trade Mark. In particular, it claimed the colour “golden matt” and described the trade mark as a “white polished...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Justice of European Union Court of Justice of the European Union CTM ECJ EU EU law European Community Trade Marks European Court of Justice European General Court European Union General Court General Court of the European Union Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP law IP laws IP rights IPR OAMI OHIM trade mark trade marks trademarks

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

18 October 2011 | Simon Weinberg

PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition Board...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 brand brand protection branding brands breach breach of competition law breaches Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition competition law competition law breach competition law regime competition regime contract contracts distribution distribution agreement distributor EC Treaty EU EU law Europe European Union European Union law fine Internet IP IP protection IPR IPR protection On-line Online online shopping online trading selective distribution TFEU trade mark trade marks trademark trademarks Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable vertical agreement void web content web site web site content web sites Website website content websites

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Latest news and views tagged trade mark

“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

Advertising laws for the Olympics come into force

Murky trade mark mess as German Merck takes action against Facebook for US Merck use of Facebook page

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

IPO gives Cadbury sweet victory by allowing it to register purple mark

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

Government changes Olympics ambush marketing rules to ban adverts on human bodies, but permits adverts being sent to mobile devices

OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

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