Lady Rose, ALBA Annual Lecture – Supreme Court
‘A Numbers Game? Statistics in Public Law Cases’
Supreme Court, 5th July 2021
Source: www.supremecourt.uk
Category: trade marks
Banksy will have to reveal identity to control copyright, say judges – Daily Telegraph
‘Banksy will have to reveal his identity if he wants to regain control of his artistic portfolio, judges have said as they stripped him of a total of six trademarks.’
Daily Telegraph, 22nd June 2021
Source: www.telegraph.co.uk
What’s your poison? A selection of recent trade mark decisions concerning the drinks industry – 3PB
‘The Sazerac group is responsible for a wide variety of well-known spirits, including Southern Comfort. This case concerned one its bourbon brands, Eagle Rare. Sazerac had a UK and EU registered trade mark for “EAGLE RARE” in respect of class 33.’
3PB, 3rd November 2020
Source: www.3pb.co.uk
Protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation – 3PB
‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’
3PB, 3rd November 2020
Source: www.3pb.co.uk
University of Law fails to block trade mark in dispute with former student – Law Society’s Gazette
‘The University of Law has lost major elements of a trade mark dispute against a start-up that helps teenagers get into law school, after claiming the branding could damage its reputation.’
Law Society's Gazette, 5th November 2020
Source: www.lawgazette.co.uk
A haircut for broad trade mark specifications – Technology Law Update
‘The protection offered by a registered trade mark is defined by the particular goods and services for which it is registered. But how broad can a trade mark specification be? Too narrow and you risk having no control over the use of your brand in closely linked goods or services, and with little wriggle room for protection as you expand your offering. Too broad and you run the risk of having the trade mark registration challenged.’
Technology Law Update, 12th May 2020
Source: www.technology-law-blog.co.uk
Trade marks – Sky v Skykick, The Final Chapter – NIPC Law
‘On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. (“Sky”) issued proceedings against Skykick UK Ltd and Skykick Inc.(“Skykick”) for infringement of their EU and UK trade marks and passing off. Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith.’
NIPC Law, 9th May 2020
Source: nipclaw.blogspot.com
High Court clarifies ‘bad faith’ trade mark rules – Law Society’s Gazette
‘Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice.’
Law Society's Gazette, 30th April 2020
Source: www.lawgazette.co.uk
Trade Marks and Passing Off – Planetart v Photobox – NIPC Law
‘This was an action for trade mark infringement. passing off and invalidation of one of the defendant’s trade marks. The claimants were the Delaware company, Planetart LLC, and its English subsidiary, Planetart Ltd. Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd. and Photobox Free Prints Ltd. offer a service that is similar to the claimants’.’
NIPC Law, 11th April 2020
Source: nipclaw.blogspot.com
Trade Mark Infringement and Passing off – Natural Instinct Ltd v Natures Menu Ltd – NIPC Law
‘This was an action for trade mark infringement and passing off between two medium-sized enterprises. Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000. It is it an example of how an intellectual property dispute should be resolved. Save that the Wood Green County Court’s jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986.’
NIPC Law, 8th April 2020
Source: nipclaw.blogspot.com
Liverpool FC fail in move to trademark the word ‘Liverpool’ – The Guardian
‘Liverpool FC’s attempt to trademark the word “Liverpool” has been rejected by the government’s Intellectual Property Office due to the “geographical significance” of the city.’
The Guardian, 26th September 2019
Source: www.theguardian.com
Moving images are being trademarked in Britain for first time in 140 year history – Daily Telegraph
‘For more than 140 years, businesses, brands and even pop bands have put pen to paper in the hope of creating a distinctive trade mark that captures the public’s imagination.’
Daily Telegraph, 29th June 2019
Source: www.telegraph.co.uk
BBC accused of breaching trademarked ‘Slay in Your Lane’ book title in #ChangeTheSport campaign – Daily Telegraph
‘An author has criticised the BBC for plagiarising her trademarked book title, saying that securing legal rights “won’t actually stop white women or big organisations ripping you off”. Yomi Adegoke wrote Slay in Your Lane alongside Elizabeth Uviebinene, which they describe as a “black women’s bible”, and trademarked the term when the book was released.’
Daily Telegraph, 28th May 2019
Source: www.telegraph.co.uk
Trade Marks: APT Training and Consultancy Ltd. and another v Birmingham & Solihull Mental Health NHS Trust – NIPC Law
‘This was a very interesting case for two reasons. First, the claim was for the infringement of the claimant’s British and European Union trade marks for educational services, training, seminars and the like relating to psychology by providing mental health care in its hospitals and training in its use under an acronym that was the same as those registered marks. Secondly, the trial of the action took place outside London the first time in the history of the Intellectual Property Enterprise Court (“IPEC”).’
NIPC Law, 21st April 2019
Source: nipclaw.blogspot.com
Reforms to UK trade mark laws take effect – OUT-LAW.com
‘Businesses should note changes made to UK trade mark laws that came into effect on Monday, an expert has said.’
OUT-LAW.com, 14th January 2019
Source: www.out-law.com
UK government publishes guidance to support new trade mark laws – OUT-LAW.com
‘The UK government has published documents designed to support the implementation of new trade mark laws, which come into force next year.’
OUT-LAW.com, 4th October 2018
Source: www.out-law.com
What happens to trade marks and designs if there’s a no-deal Brexit? – Technology Law Update
‘The UK Government has published a notice about what will happen in relation to EU trade marks and designs if there is NO DEAL. The Government still regards NO DEAL as unlikely, but there is plenty of political uncertainty in the UK just now.’
Technology Law Update, 25th September 2018
Source: www.technology-law-blog.co.uk
Kit Kat case: Time for a break in trademark row? – BBC News
‘When is a Kit Kat not a Kit Kat? If it’s a four-fingered wafer covered in chocolate, the Kit Kat people would tell you they own that design. Spare a thought, then, for identical treats like Norway’s Kvikk Lunsj – pronounced “quick lunch” – which has been around for 80 years. Nestlé has tried to trademark the chocolate bar’s three-dimensional shape for more than a decade, which rival Cadbury has fought hard against. The European Court of Justice is due to hand down judgement on Wednesday, which could end Kit Kat’s protected European status and a saga that has proved expensive for both sides.’
BBC News, 25th July 2018
Source: www.bbc.co.uk
New UK trade mark laws finalised – OUT-LAW.com
‘New UK trade mark laws have been finalised, although they will not take effect until early next year.’
OUT-LAW.co., 13th July 2018
Source: www.out-law.com
Brexit: trade marks and designs – 10 things to know – OUT-LAW.com
‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’
OUT-LAW.com, 11th July 2018
Source: www.out-law.com
