Category: trade marks

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06) – WLR Daily

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

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 – Times Law Reports

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

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’s bubble bursts as it loses trademark case – The Times

Posted June 13th, 2008 in advertising, news, trade marks by sally

“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.”

Full story

The Times, 12th June 2008

Source: www.timesonline.co.uk

Acceleration of trade mark process is welcomed – OUT-LAW.com

Posted April 4th, 2008 in news, trade marks by sally

“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.”

Full story

OUT-LAW.com, 3rd April, 2008

Source: www.out-law.com

Wordsworth’s village bakers fight over their gingerbread – The Observer

Posted March 25th, 2008 in food, news, trade marks by sally

“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.”

Full story

The Observer, 23rd March 2008

Source: http://observer.guardian.co.uk

Yahoo! wins sponsored links ruling in High Court – OUT-LAW.com

Posted March 9th, 2008 in advertising, internet, news, trade marks by sally

“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.'”

Full story

OUT-LAW.com, 6th March 2008

Source: www.out-law.com

Government consults on Trade Mark Rules – OUT-LAW.com

Posted March 5th, 2008 in news, trade marks by sally

“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.”

Full story

OUT-LAW.com, 4th March 2008

Source: www.out-law.com

Mr Loophole patents his nickname – The Times

Posted February 7th, 2008 in legal profession, news, road traffic offences, trade marks by sally

“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’.”

Full story

The Times, 6th February 2008

Source: www.timesonline.co.uk

Rivals entitled to use O2’s bubbles – The Times

Posted January 31st, 2008 in advertising, news, trade marks by sally

“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.”

Full story

The Times, 31st Janaury 2008

Source: www.timesonline.co.uk

Trade mark fast-track launched, but value questioned – OUT-LAW.com

Posted January 16th, 2008 in news, trade marks by sally

“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.”

Full story

OUT-LAW.com, 15th January 2008

Source: www.out-law.com

Dentists defeat fashion giant that cried “snap” over croc logo – The Times

Posted January 3rd, 2008 in news, trade marks by sally

“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.”

Full story

The Times, 3rd January 2008

Source: www.timesonline.co.uk

Kitfix Swallow Group Ltd v Great Gizmos Ltd – Times Law Reports

Posted December 19th, 2007 in law reports, stay of proceedings, trade marks by sally

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.

Making a mark may be easier – The Times

Posted October 2nd, 2007 in news, trade marks by sally

“Trademark law changed yesterday morning. Given the importance of brands these days, this development could be very significant. Edward Fennell reports.”

Full story

The Times, 2nd October 2007

Source: www.timesonline.co.uk

Consultation on fast track processing of Patents & Trade Marks – UK Intellectual Property Office

Posted September 24th, 2007 in consultations, patents, trade marks by sally

“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

UKIPO offers trade mark rule change guidance – OUT-LAW.com

Posted August 23rd, 2007 in news, trade marks by sally

“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.”

Full story

OUT-LAW.com, 22nd August 2007

Source: www.out-law.com

Boehringer Ingelheim Ltd. and Others v. Vetplus Ltd – Times Law Reports

Posted June 27th, 2007 in advertising, freedom of expression, injunctions, law reports, trade marks by sally

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.

Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd. – WLR Daily

Posted June 22nd, 2007 in advertising, freedom of expression, injunctions, law reports, trade marks by sally

Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd. [2007] EWCA Civ 584

“Where a trader sought to publish in comparative advertising the results of tests of a rival trader’s product, an important issue of freedom of expression was engaged, even though the comparative advertising would be aimed at diverting trade from one trader to another; and therefore the court would not grant an interim injunction to prevent such publication unless the court was satisfied that the applicant would succeed at trial in obtaining a final injunction.”

WLR Daily, 20th June 2007

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.