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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

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

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

Response to coexistence request asserting existing trade mark rights could amount to unlawful threat of trade mark infringement – Best Buy v Worldwide Sales Corporation Espana, Court of Appeal

2 June 2011 | Paul Gershlick

Best Buy US was a US consumer electronics retailer that opened up shops in the UK and planned to do so around Europe. It also sought to register “Best Buy” as a European Community Trade Mark. Espana...

Tags on this discussion: brand brand protection branding brands co-existence agreement coexistence agreement Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Appeal CTM EU trade mark European Community Trade Marks High Court illegal infringement Intellectual property intellectual property rights International IP IP infringement opposition services trade mark trade mark directive trade mark infringement Trade Mark Regulation trade marks Trade Marks Act trade marks directive trademark trademark infringement trademarks unlawful unlawful threat unlawful threats

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

Likelihood of confusion can arise after goods sold – Datacard v Eagle, High Court

15 April 2011 | Paul Gershlick

Datacard had a trade mark registered for printer parts. Eagle sold Datacard’s and others’ printer ribbons, as well as compatible printer ribbons under its PLUS-RIBBON trade mark. Datacard claimed that...

Tags on this discussion: brand branding brands CJEU confusingly similar confusion Court of Justice of European Union Court of Justice of the European Union Directive ECJ EU Europe European Court of Justice European Union High Court infringement Intellectual property intellectual property law intellectual property rights IP IP infringement likelihood of confusion trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademarks

Small local cafes around Olympic stadium in fight to keep name

8 March 2011 | Paul Gershlick

Olympic Café, Café OIympic and Olympic Internet all trade on the same road in the vicinity of the Olympic stadium in East London. They were hoping to be part of the success story of the London 2012 Games,...

Tags on this discussion: ambush marketing brand brand protection branding brands Intellectual property intellectual property rights IP IP infringement own name trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trademark trademarks

Tobacco companies fume as proposed change in policy over packaging leaves them open to counterfeiters

24 November 2010 | Paul Gershlick

Tobacco companies – who spend a small fortune on protecting their brand - have been fuming over Government-proposed changes to the law that would see them prevented from having anything on their product...

Tags on this discussion: brand brand protection branding brands counterfeit infringement Intellectual property intellectual property rights IP trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trademark

Trade mark registration attempt for Lego bricks ends in tiny pieces – Lego v OHIM, European Court of Justice

5 October 2010 | Paul Gershlick

Lego has lost a 14 year battle to register the shape of its toy pieces as trade marks. This does not affect its ability to register its name – just the shape. Distinctive shapes are registrable as trade...

Tags on this discussion: brand brand protection branding brands CJEU Court of Justice of European Union Court of Justice of the European Union design distinctive EU EU law European Court of Justice European Union Intellectual property intellectual property rights IP patent Patents shape trade mark trade mark directive trade marks Trade Marks Act trademark

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

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Latest news and views tagged Trade Marks Act

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

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

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

Response to coexistence request asserting existing trade mark rights could amount to unlawful threat of trade mark infringement – Best Buy v Worldwide Sales Corporation Espana, Court of Appeal

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

Likelihood of confusion can arise after goods sold – Datacard v Eagle, High Court

Small local cafes around Olympic stadium in fight to keep name

Tobacco companies fume as proposed change in policy over packaging leaves them open to counterfeiters

Trade mark registration attempt for Lego bricks ends in tiny pieces – Lego v OHIM, European Court of Justice

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

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