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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

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

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

M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”

2 April 2011 | Mark Weston

An Advocate General has given his view to the European Court of Justice in a trade mark infringement case involving keyword advertising. The case revolved around M&S sponsoring “Interflora” as...

Tags on this discussion: ad ads advert advertising adverts advocate general AdWords CJEU comparative advertising confusingly similar Court of Justice of European Union Court of Justice of the European Union ECJ EU Europe European Court of Justice European Union infringement Intellectual property intellectual property rights Internet Internet use Internet user IP IP infringement keyword misleading misleading advert misleading advertisement misleading advertising misleading adverts Online online advertising online content online marketing online trading search search engine search engines search result search term trade mark trade mark infringement trade marks trade marks directive unfair unfair advantage web web site web sites Website websites

ASA: promoter does not need to obtain branded prize’s permission

30 September 2010 | Mark Weston

A person giving away as a prize the products of another brand does not need to obtain that other brand’s permission, if there is no other suggestion that the two are linked. Stella McCartney – the...

Tags on this discussion: advertising Advertising Standards Authority ASA brand brand protection branding brands infringement Intellectual property intellectual property rights IP misleading advertising trade mark trade mark infringement trade marks unfair unfair advantage

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

Latest news and views tagged unfair advantage

Specsavers seeing better now after appeals against Asda upheld – Specsavers International Healthcare Limited v Asda Stores Limited, Court of Appeal

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

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

M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”

ASA: promoter does not need to obtain branded prize’s permission

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

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