Category: trade marks

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) – WLR Daily

Posted July 13th, 2016 in appeals, costs, inventions, law reports, patents, public interest, third parties, trade marks by sally

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) [2016] EWHC 1609 (Ch)

‘Where a party intervenes in an appeal from a decision of a hearing officer acting on behalf of the Comptroller General of Patents, Designs and Trade Marks, ordinary a costs order will not be made in the intervener’s favour. The court will only consider departing from its ordinary position if it is satisfied that (1) the intervener’s position was successful, (2) its submission added value to the hearing, and (3) it had not duplicated the respondent’s submissions (paras 10, 12).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

The UK is leaving – what will it mean for technology and life science businesses? – Technology Law Blog

Posted June 27th, 2016 in consumer protection, copyright, data protection, EC law, medicines, news, patents, referendums, trade marks by sally

‘After yesterday’s leave vote, the UK government will need to start the process of disentangling the country from the EU. Formal steps to trigger withdrawal under Article 50 of the EU Treaty are currently expected to await Prime Minister David Cameron’s replacement in the coming months, although informal negotiations may begin sooner. What will be the legal impact for innovative businesses?’

Full story

Technology Law Blog, 24th June 2016

Source: www.technology-law-blog.co.uk

Marussia Communications Ireland Ltd v Manor Grand Prix Racing Ltd and another – WLR Daily

Posted April 20th, 2016 in EC law, law reports, licensing, time limits, trade marks by sally

Marussia Communications Ireland Ltd v Manor Grand Prix Racing Ltd and another [2016] EWHC 809 (Ch)

‘The claimant was the proprietor of a Community registered trade mark for the “Marussia” name and logo, which it licensed to the defendant to use for a certain period. The claimant brought a claim for trade mark infringement, claiming that the defendant had continued to use the trade mark after the licence period had ended and that the use of the “Marussia” name contravened article 9(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. The defendants relied upon five defences, including consent of the claimant within the meaning of Council Regulation 207/2009. On the claimant’s application for summary judgment am issue arose as to whether, if it failed to prove the claimant had given consent, the defendant could none the less rely on English law principles of estoppel to achieve either the same or a similar result.’

WLR Daily, 13th April 2016

Source: www.iclr.co.uk

Hashtag applications on the rise #TimesAreChanging – Technology Law Update

Posted March 30th, 2016 in enforcement, intellectual property, internet, news, statistics, trade marks by sally

‘Research by Thomson CompuMark has highlighted the effect of the changing social media landscape on trademark applications.’

Full story

Technology Law Update, 30th March 2016

Source: www.technology-law-blog.co.uk

Court of Appeal must maintain brand owners’ right to obtain website blocking orders, says expert – OUT-LAW.com

Posted February 25th, 2016 in appeals, enforcement, injunctions, intellectual property, internet, news, telecommunications, trade marks by sally

‘The Court of Appeal in London must maintain the right of brand owners to obtain website blocking orders against internet service providers (ISPs) as a means of enforcing their trade mark rights against infringers, an expert has said.’

Full story

OUT-LAW.com, 24th February 2016

Source: www.out-law.com

UK to push ahead with reforms to rules on unjustified threats on intellectual property rights – OUT-LAW.com

Posted February 1st, 2016 in consultations, copyright, intellectual property, news, patents, trade marks by tracey

‘The UK government is to legislate to bring greater consistency to laws concerning the communications intellectual property (IP) rights holders send to alleged infringers of their rights.’

Full story

OUT-LAW.com, 1st February 2016

Source: www.out-law.com

Rulings rejecting taxi and chocolate bar shapes as trade marks reflect intentions of trade mark law, says expert – OUT-LAW.com

Posted January 26th, 2016 in food, intellectual property, news, taxis, trade marks by sally

‘The strict circumstances in which shapes can benefit from trade mark protection have been reinforced by two new rulings issued by the High Court in London, an expert has said.’

Full story

OUT-LAW.com, 22nd January 2016

Source: www.out-law.com

Black cabs not unique, high court rules, paving way for ‘green’ taxis – The Guardian

Posted January 21st, 2016 in London, news, taxis, trade marks by sally

‘A high court judge has ruled that one of London’s most famous sights, the black cab, is not that unique after all, concluding that they are “devoid of inherent distinctive character”.’

Full story

The Guardian, 20th January 2015

Source: www.guardian.co.uk

Nestlé loses high court battle to trademark shape of KitKat – The Guardian

Posted January 21st, 2016 in appeals, food, news, trade marks by sally

‘Nestlé has failed in its attempt to trademark the shape of KitKat in the UK, opening the door for rivals to launch copycat products.’

Full story

The Guardian, 20th January 2016

Source: www.guardian.co.uk

Tobacco firms challenge plain packaging rules – BBC News

Posted December 10th, 2015 in advertising, intellectual property, news, regulations, smoking, trade marks by sally

‘Four of the world’s biggest tobacco firms are to begin a legal challenge to the government’s new packaging rules.’

Full story

BBC News, 10th December 2015

Source: www.bbc.co.uk

Teacher Hayley Batley illegally sold Doctor Who goods on eBay – BBC News

Posted October 9th, 2015 in BBC, disciplinary procedures, news, teachers, trade marks by tracey

‘A Wrexham teacher convicted of making her own Doctor Who merchandise and selling it on eBay has been reprimanded at a disciplinary hearing.’

Full story

BBC News, 8th October 2015

Source: www.bbc.co.uk

When one charity sues another – NOCN v Open College Network Credit4Learning – NIPC Law

Posted October 6th, 2015 in charities, intellectual property, news, trade marks by sally

‘An open college network is a regional organization that accredits adult education courses offered by educational institutions and employers. The claimant was established to coordinate some of those organizations.’

Full story

NIPC Law, 4th October 2015

Source: www.nipclaw.blogspot.co.uk

Business that makes square pies given legal warning by rival – BBC News

Posted October 6th, 2015 in food, intellectual property, news, trade marks by sally

‘A company which makes square-shaped pies has been told it cannot call them “square” by a rival pie maker.’

Full story

BBC News, 6th October 2015

Source: www.bbc.co.uk

‘Infosecurity’ not distinctive enough for trade mark protection, says court – OUT-LAW.com

Posted September 29th, 2015 in EC law, intellectual property, news, trade marks by sally

‘The UK-based organiser of the international ‘Infosecurity’ conference series has failed in its attempt to register the name as a trade mark, after an EU court found that it had “not acquired distinctive character through use”.’
Full story

OUT-LAW.com, 29th September 2015

Source: www.out-law.com

An intergalactic battle over starwars.uk domain – Technology Law Update

Posted August 11th, 2015 in domain names, internet, news, trade marks by sally

‘A year after a change to UK domain names a skirmish in (web)space shows how effective Nominet’s Dispute Resolution Service can be in protecting a trade mark owner’s rights.’
Full story

Technology Law Update, 6th August 2015

Source: www.technology-law-blog.co.uk

Ukulele Wars: The Ukulele Orchestra of Great Britain v Clausen – NIPC Law

Posted August 6th, 2015 in EC law, intellectual property, news, striking out, trade marks by sally

‘Although Judge Hacon’s decision in The Ukulele Orchestra of Great Britain v Clausen and Another [2015] EWHC 1772 (IPEC) was reported as a “victory” in the Independent (The Ukulele Orchestra of Great Britain wins duel with German ‘copycat’ 3 July 2015) it was somewhat of the pyrrhic kind. The Ukulele Orchestra of Great Britain sued The United Kingdom Ukulele Orchestra for trade mark infringement, copyright infringement and passing off and applied to strike out the defence on the grounds of abuse of process less than two weeks before the trial. The claim succeeded on passing off but failed on all other counts. The claimants lost their Community trade mark and the judge saw no merit in the strike out application whatever.’

Full story

NIPC Law, 5th August 2015

Source: www.nipclaw.blogspot.co.uk

Feuding ukulele bands battle it out in court – BBC News

Posted July 3rd, 2015 in news, trade marks, trade names by tracey

‘The Ukulele Orchestra Of Great Britain (UOGB) has won a High Court ruling against a rival group which it accused of trading off its reputation.’

Full story

BBC News, 2nd July 2015

Source: www.bbc.co.uk

Nestle faces setback in KitKat trademark battle – BBC News

Posted June 12th, 2015 in EC law, food, news, trade marks by sally

‘Confectionery giant Nestle’s attempt to trademark the shape of its four-finger KitKat bar in the UK does not comply with European law, a senior European Court lawyer has said.’

Full story

BBC News, 11th June 2015

Source: www.bbc.co.uk

Who, What, Why: Can the KitKat shape be a trademark? – BBC News

Posted June 5th, 2015 in food, intellectual property, news, trade marks by sally

‘Confectionery giant Nestle is attempting to turn the shape of the KitKat bar into a trademark. But is this possible, asks Justin Parkinson.’

Full story

BBC News, 5th June 2015

Source: www.bbc.co.uk

Tobacco companies prepare multi-billion compensation claims over UK plain packaging – Daily Telegraph

Posted May 22nd, 2015 in compensation, EC law, intellectual property, news, smoking, trade marks by sally

‘Tobacco companies are preparing to launch what could be one of the biggest ever legal claims against the British Government for losses as a result of the introduction of plain packaging for cigarettes.’
Full story

Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk