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European Court of Justice gives eagerly-awaited ruling in Google keyword search terms trade mark cases – Google v Louis Vuitton, European Court of Justice

26 March 2010 | Paul Gershlick

In an eagerly-awaited judgment, the European Court of Justice has ruled on whether use of a trade mark term for the purpose of creating a sponsored advert and getting higher up the search results could...

Tags on this discussion: AdWords brand brand protection branding brands comparative advertising e-commerce E-Commerce Directive E-Commerce Regulations ECJ Electronic Commerce Directive European Court of Justice expeditious host hosting Intellectual property intellectual property rights Internet referencing service provider keywords Louis Vuitton search engine search engines search term trade mark trade mark infringement trade marks

Nominet wants to open up rights to register short uk domain names

16 March 2010 | Mark Weston

Nominet – the not-for-profit body in charge of regulating the registration of domain names ending in ‘.uk’ - has revealed plans to introduce some more popular and sought after names. Until now, it...

Tags on this discussion: brand brand protection brands domain name Intellectual property intellectual property rights Nominet trade mark

Own name defence to registered trade mark infringement applies to trading as well as corporate names, but use must be honest – Hotel Cipriani v Cipriani (Grosvenor Street) Ltd, Court of Appeal

4 March 2010 | Paul Gershlick

HC – which owned hotels under the name ‘Cipriani’ in Italy, Portugal and Madeira - has won in its trade mark infringement action against the owners of a restaurant that called itself ‘Cipriani...

Tags on this discussion: brand brand protection Court of Appeal honest practices Intellectual property intellectual property rights own name trade mark trade mark infringement

Misleading Hovis ad not quite the best thing since sliced bread

2 March 2010 | Paul Gershlick

The Advertising Standard Agency has ruled that Premier Foods should stop using a misleading advert which stated that its Hovis brand had been voted Britain’s softest white bread. The claim was based...

Tags on this discussion: Advertising Standards Authority ASA CAP code comparative advertising misleading advertising trade mark

Budget airlines hit new low with libel action between two big players

25 February 2010 | Mark Weston

Sir Stelios Haji-Ioannou has said that Ryanair and its chief executive Michael O’Leary have crossed a line and he has been left with no alternative but to issue legal proceedings for defamation. Stelios...

Tags on this discussion: comparative advertising defamation libel trade mark trade mark infringement trade marks

Failure to act quickly enough proved fatal to injunction application to stop trade mark infringement and passing off – Blinkx v Blinkbox, High Court

11 February 2010 | Mark Weston

Since 2004, A had been operating the blinkx.com web site, which was an Internet service providing access to film, television and video content. In 2008, B started up its own site at blinkbox.com, which...

Tags on this discussion: delay High Court infringement injunction Intellectual property intellectual property rights passing off trade mark trade mark infringement

Overwhelming domain name WIPO victory ends: InterContinental 1500 Daniel Kirchof 10

3 February 2010 | Mark Weston | 1 comment

The InterContinental Hotels Group has obtained the transfer of 1,500 domain names from a single registrant, Daniel Kirchof, in one go. IHG obtained the order using the World Intellectual Property Organisation’s...

Tags on this discussion: arbitration bad faith brand protection brands confusingly similar dispute domain name Intellectual property intellectual property rights trade mark UDRP uniform dispute resolution procedure WIPO World Intellectual Property Organisation

Intellectual Property: McDonald’s eats IP up

2 February 2010 | Mark Weston

In 2008, a teenager from Chicago (Lauren McClusky) applied to register the name McFest at the US Patent & Trademark Office. She cited the use of “Mc” as linked to the Mc in her own surname. For the...

Tags on this discussion: competition law infringement Intellectual property trade mark

Court of Appeal asks European Court of Justice to rule on lawfulness on seizing counterfeit goods coming through EU in transit only – Nokia v HMRC, Court of Appeal

28 January 2010 | Paul Gershlick

Nokia has persuaded the Court of Appeal to ask the European Court of Justice to answer questions surrounding the seizure of counterfeit goods which are passing through the EU in transit only. Under EU...

Tags on this discussion: counterfeit Court of Appeal European Court of Justice European Union infringement Intellectual property intellectual property rights seizure trade mark trade mark infringement

Which? magazine accuses Google of making money out of counterfeit web sites

19 January 2010 | Mark Weston

Which? magazine has accused Google of making millions of pounds from web sites selling counterfeit goods, such as those selling fake Ugg boots, Tiffany jewellery and GHD hair straighteners. It claims that...

Tags on this discussion: counterfeit trade mark

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Latest news and views tagged trade mark

European Court of Justice gives eagerly-awaited ruling in Google keyword search terms trade mark cases – Google v Louis Vuitton, European Court of Justice

Nominet wants to open up rights to register short uk domain names

Own name defence to registered trade mark infringement applies to trading as well as corporate names, but use must be honest – Hotel Cipriani v Cipriani (Grosvenor Street) Ltd, Court of Appeal

Misleading Hovis ad not quite the best thing since sliced bread

Budget airlines hit new low with libel action between two big players

Failure to act quickly enough proved fatal to injunction application to stop trade mark infringement and passing off – Blinkx v Blinkbox, High Court

Overwhelming domain name WIPO victory ends: InterContinental 1500 Daniel Kirchof 10

Intellectual Property: McDonald’s eats IP up

Court of Appeal asks European Court of Justice to rule on lawfulness on seizing counterfeit goods coming through EU in transit only – Nokia v HMRC, Court of Appeal

Which? magazine accuses Google of making money out of counterfeit web sites

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