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IP Cases & Articles
Joint tortfeasor? Birlea Furniture v Platinum Enterprises
Before the English Intellectual Property Enterprise Court (IPEC), it seems to be increasingly common to allege that directors of an alleged infringer are joint tortfeasors. In Birlea Furniture v Platinum Enterprises, Her Honour Judge Clarke has revisited the jurisprudence on this. Owners of intellectual property should give careful consideration to… -
Newsletter
Trade Mark Newsletter No.96
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IP Cases & Articles
Appeal dismissed: The London Taxi Corp v Frazer-Nash
In our March 2016 newsletter we reported on the High Court decision in the UK between The London Taxi Corporation Limited (LTC) and its claim for trade mark infringement against Frazer-Nash Research Limited (FNR) and Ecotive Limited (Ecotive). The London Taxi Corporation appealed. The Court of Appeal has now issued… -
IP Cases & Articles
Facebook v Faceholiday: influence of social media
This recent EUIPO decision considered the manner in which social media functions today to find FACEHOLIDAY objectionable, even for unrelated services. -
IP Cases & Articles
Godfather beer: an opposition they couldnt refuse?
A recent UK trade mark opposition raises interesting questions about the extent to which a well-known word mark, in stylised script, can be relied upon to claim similarity (and thereby prevent registration) of a later mark. -
IP Cases & Articles
Look sharp! Thorny issues in Cactus decision
In 2009, Mrs Del Rio Rodríguez applied to register the mark shown below for horticultural goods and services in classes 31, 39 and 44 , including: ‘Seeds, natural plants and flowers’; the distribution of such goods; and gardening services. -
IP Cases & Articles
TM jurisdiction: Hummel, Nintendo & Parfummarken
A series of recent cases (Hummel Holding v Nike, Nintendo v BigBen Interactive and Parfummarken) have considered the circumstances in which national courts have jurisdiction over entities not based within that member state. Here we review some of the key decisions. -
IP Cases & Articles
Burgerista Operations v Burgista Bros: infringement
Is the trade mark "BURGERISTA" for restaurant, canteen and bar services valid and infringed by the sign "BURGISTA" for the same services? The Intellectual Property Enterprise Court (IPEC) has held that it is. -
IP Cases & Articles
W3 v easyGroup: Trade Mark Infringement
Is easyGroup’s trade mark for “easy” for advertising and temporary accommodation services valid and, if so, is it infringed by the sign EasyRoommate? In W3 v easyGroup, the English High Court has held not. -
IP Cases & Articles
Glaxo v Sandoz: trade mark survey evidence
In England, obtaining permission to adduce survey evidence in support of a trade mark or passing off claim can be problematic. In Glaxo Wellcome UK v Sandoz, the High Court has again considered an application for survey evidence.
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