“Trade mark owners will have to be more vigilant than ever in protecting their marks from the beginning of next month when new trade mark laws come into effect. The change is expected to increase demand for brand monitoring services.”
OUT-LAW.com, 8th September 2008
Source: www.out-law.com
esure Insurance Ltd v Direct Line Insurance plc
Court of Appeal
“An expert’s report was of little value in evaluating the likelihood of trade-mark confusion from the standpoint of a consumer.”
The Times, 5th September 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A judge has said that expert evidence in trade mark disputes is rarely likely to be relevant when it comes to deciding if a consumer will be confused by two supposedly similar marks.”
OUT-LAW.com, 30th July 2008
Source: www.out-law.com
esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252
“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”
WLR Daily, 24th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06); [2008] WLR (D) 193
“A registered trade mark proprietor (“proprietor”) could not rely on his trade mark rights to prevent the use of a sign similar or identical to his mark in a comparative advertisement if all the requirements for comparative advertising set out in Council Directive 84/450/EEC on comparative advertising, as amended, were satisfied, and, in particular, the use was not likely to give rise to confusion on the part of the public.”
WLR Daily, 16th June 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
O2 Holdings Ltd and Another v Hutchison 3G UK Ltd
Court of Justice of the European Communities
“The proprietor of a trademark was not entitled to prevent the use by a competitor of a sign identical or similar to his mark in a comparative advertisement, provided, inter alia, that there was no risk of confusion on the part of the public between the proprietor and the competitor or between their respective goods or services.”
The Times, 17th June 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“O2, the British mobile operator, has lost its four-year battle with rival 3 over the use of its bubble trademark in a television advertisement.”
The Times, 12th June 2008
Source: www.timesonline.co.uk
“A proposal to shorten the period during which trade mark applications can be opposed will make the Government’s separate new fast-track trade mark process more appealing, one expert has said.”
OUT-LAW.com, 3rd April, 2008
Source: www.out-law.com
“The tranquil village of Grasmere has long drawn visitors seeking out the serene Lakeland setting that inspired William Wordsworth. But the peace of this small community has been shattered as a battle rages over its most famous commodity, Grasmere Gingerbread.”
The Observer, 23rd March 2008
Source: http://observer.guardian.co.uk
“Yahoo! did not infringe a businessman’s rights by displaying adverts for other companies when users entered his trade marks as search terms. The High Court dismissed a lawsuit against the web giant as being ‘totally without merit.'”
OUT-LAW.com, 6th March 2008
Source: www.out-law.com
“The Government wants to change the rules on the registering of trade marks to encourage more people to register marks. It has launched a consultation on the changes.”
OUT-LAW.com, 4th March 2008
Source: www.out-law.com
“Nick Freeman, lawyer and hero to scores of terrible drivers, has trademarked his nickname to ensure that no one else can move in on his niche as the celebrity world’s ‘Mr Loophole’.”
The Times, 6th February 2008
Source: www.timesonline.co.uk
“An adviser to the Europe’s highest court recommended it reject a complaint by British phone company O2 against a rival that used its bubbles logo in a television advertising campaign.”
The Times, 31st Janaury 2008
Source: www.timesonline.co.uk
“Trade mark applicants will soon be able to pay an extra £300 to be fast-tracked through the system, but one expert has said that the new plan will only shave a few weeks from a process that can take years.”
OUT-LAW.com, 15th January 2008
Source: www.out-law.com
“It was a battle that pitted a dental practice in the suburbs of Cheltenham against the might of a global fashion corporation – all because of the grinning crocodile on the surgery’s sign. And the dentists have won. For the second time in a year, a trademark judge has overruled the objections of the French clothing giant Lacoste to the crocodile symbol that adorns a private dentist’s surgery in Gloucestershire.”
The Times, 3rd January 2008
Source: www.timesonline.co.uk
Kitfix Swallow Group Ltd v Great Gizmos Ltd
“Where English trademark proceedings, in which there was a counterclaim for revocation, were running concurrently with validity proceedings in the Office for the Harmonisation in the Internal Market, there was no presumption that the English proceedings would be stayed.”
The Times, 19th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Trademark law changed yesterday morning. Given the importance of brands these days, this development could be very significant. Edward Fennell reports.”
The Times, 2nd October 2007
Source: www.timesonline.co.uk
“The Gowers Report on Intellectual Property recommended that the UK Intellectual Property Office provide new accelerated services for processing patent and trade mark applications. We have considered these recommendations and are now consulting on proposed new fast track services for patents and trade marks, both of which will be available to all applicants upon payment of a fee.”
Consultation Document (pdf and Word)
UK Intellectual Property Office, 21st September 2007
Source: www.ipo.gov.uk
“The UK Intellectual Property Office will be offering advice and practical help on forthcoming changes to the Trade Marks Act in a series of events being held around the country this September.”
OUT-LAW.com, 22nd August 2007
Source: www.out-law.com
Comparative advertisements must not be misleading
Boehringer Ingelheim Ltd and Others v Vetplus Ltd
Court of Appeal
“No interim injunction would issue to inhibit comparative advertising, whereby one trader promoted his goods over those of a rival, unless the claimant could show the advertising was misleading and he would probably win a permanent injunction at trial.”
The Times, 27th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only availble free on Times Online for 21 days from the date of publication.
© Inner Temple Library 2024