Campbell family win Bluebird trademark battle – BBC News
‘The family of Donald Campbell have won a battle to block Bluebird’s restorer registering a trademark featuring the craft’s name.’
BBC News, 24th September 2024
Source: www.bbc.co.uk
Category: trade names
EasyJetwash owner agrees to pay out in trademark row – The Guardian
‘A pressure washing company will have to change its name from EasyJetwash and pay damages after a trademark dispute with the group behind the easyJet brand.’
The Guardian, 22nd August 2024
Source: www.theguardian.com
Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases – Gatehouse Chambers
‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’
Gatehouse Chambers, 4th July 2024
Source: gatehouselaw.co.uk
Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases – Gatehouse Chambers
‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’
Gatehouse Chambers, 4th July 2024
Source: gatehouselaw.co.uk
Companies required to make ‘lawful purpose’ declarations – Law Society’s Gazette
‘New powers for Companies House to query information and to require companies to give legitimate addresses come in to force under the Economic Crime and Corporate Transparency Act 2023 today. The new regime, aimed at curbing misues of the companies register, will also for the first time require people setting up companies to state that the business’ activities will be lawful.’
Law Society's Gazette, 4th March 2024
Source: www.lawgazette.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
Passing off – The Military Mutual Ltd v Police Mutual Assurance Society Ltd – NIPC Law
‘The claimant arranges insurance and mortgages for past and present members of the armed forces. On the “About Us” page of its website, it describers itself as “a Mutual set up to provide fair, financial services such as Home, Landlord, Military Kit and Business cover to those who are serving, veterans, families and supporters of our armed forces.” Note the use of the big letter “M” in mutual, That is a big part of the company’s ethos. It says that its “manifesto is very simple: always do the right thing for our Members.” The company has no shareholders or employees and is led in the main by retired senior officers who describe themselves as “customers and Members”. Anybody who acquires a policy or mortgage through the claimant company can become a member. Its business, however, is managed by Regis Mutual Management Limited.’
NIPC Law, 10th August 2018
Source: nipclaw.blogspot.com
Caspian Pizza Appeal – Caspian Pizza Ltd and Others v Shah and Another – NIPC Law
‘In Caspian Pizza Ltd and Others v Shah and Another [2015] EWHC 3567 (IPEC) (9 Dec 2015) Judge Hacon dismissed a claim for trade mark infringement and passing off. The trade marks relied upon were the device mark that appears above and the word mark CASPIAN. The judge declared the word mark invalid because the defendants had run a restaurant called “CASPIAN” in another part of the country which constituted an “earlier right” within the meaning of s.5 (4) of the Trade Marks Act 1994. However, he did not declare the device mark invalid on the ground that the defendants had no goodwill in the running chef logo. I blogged about the case in Caspian Pizza Ltd and Others v Shah and Another on 24 Jan 2016.’
NIPC Law, 12th December 2017
Source: nipclaw.blogspot.co.uk
Feuding ukulele bands battle it out in court – BBC News
‘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.’
BBC News, 2nd July 2015
Source: www.bbc.co.uk
Business claiming ‘passing off’ must have UK customers before it can sue in UK, says Supreme Court – OUT-LAw.com
‘The Hong Kong-based provider of internet TV subscription service NOW TV could not prevent Sky using the same name for a similar service in the UK because it did not have a UK customer base, the UK’s highest court has ruled.’
OUT-LAW.com, 14th May 2015
Source: www.out-law.com
Buying web addresses best protection for brands in light of expansion of domains – OUT-LAW.com
‘Businesses should respond to the growing number of domains by buying up the web addresses that pose a risk to their brands.’
OUT-LAW.com, 26th March 2015
Source: www.out-law.com
Red Bull backs down over name dispute with Redwell brewery – The Independent
“The makers of the energy drink Red Bull have announced they will not proceed with a legal challenge against the Redwell brewery using its name on its beers because it is too similar.”
The Independent, 15th August 2013
Source: www.independent.co.uk
Red Bull pursues Redwell brewery in Norwich over name – BBC News
“A Norfolk micro brewery has been told it must change its name or face legal action, because it sounds too similar to the energy drink Red Bull.”
BBC News, 14th August 2013
Source: www.bbc.co.uk
YouView is sued over YourView naming dispute – BBC News
“UK internet TV provider YouView has been sued for trademark infringement in a dispute over the product’s name.”
BBC News, 26th November 2012
Source: www.bbc.co.uk
Protected food names: Quality or cartel? – BBC News
“What’s in a name? Well, if it’s the name of a tasty local food, then legal wrangles, multimillion-pound sales and the threat of small local traders going to the wall.”
BBC News, 20th November 2012
Source: www.bbc.co.uk
OFT warns over ‘misleading’ business names – BBC News
“A regulator has warned businesses to avoid using ‘misleading or undesirable’ trading names.”
BBC News, 20th April 2012
Source: www.bbc.co.uk
Bucks Fizz acts await name ruling – BBC News
“Two acts vying for the right to use the name Bucks Fizz must wait for up to six weeks to discover which has triumphed.”
BBC News, 15th July 2011
Source: www.bbc.co.uk
Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others – WLR Daily
“The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own name and address, could be available in respect of a trading name, as well as a corporate name of a company, but it would depend on: (i) the actual trading name that had been adopted; (ii) the circumstances in which it had been adopted; and (iii) depending on the circumstances, whether the use was in accordance with honest practices.”
WLR Daily, 4th March 2010
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.
Nude Brands fails to stop Stella McCartney’s ‘Stellanude’ perfume – OUT-LAW.com
“Stella McCartney’s fashion house would suffer more than a small cosmetics company if its demand for an interim injunction was granted, the High Court has said. McCartney has won the right to use ‘nude’ in her perfume name until a full trial is heard.”
OUT-LAW.com, 25th August 2009
Source: www.out-law.com
Chippendales dance troupe sues rival strippers – Daily Telegraph
“Chippendales, the male erotic dance troupe, has begun legal action to stop a rival group from using its name to promote a new British tour.”
Daily Telegraph, 25th May 2009
Source: www.telegraph.co.uk
