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Newsletter
Trade Mark Newsletter No.69
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IP Cases & Articles
Malaysia Dairy v Yakult - Interpreting Bad Faith
This was a reference for a preliminary ruling concerning the interpretation of the concept of bad faith; within the meaning of Article 4(4) of Directive 2008/95/EC -
IP Cases & Articles
With or Without Due Cause? THE BULLDOG v RED BULL
The principle of due cause is currently being considered by the Court of Justice of the European Union (CJ) in the case of Leidseplein Beheer BV and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland BV (C-65/12). -
IP Cases & Articles
Interflora v Marks & Spencer - Google Adwords
Returning to a case which we first reported back in March of 2011 (concerning an Advocate General's opinion) and again in September of the same year (that time relating to a preliminary ruling of the Court of Justice of the European Union), we provide our readers with a further update,… -
IP Cases & Articles
Extended Passing Off - FAGE UK v Chobani
The High Court has allowed a claim for extended passing off brought by FAGE UK Limited and another (FAGE), the makers of "Total Greek Yoghurt", against Chobani UK Ltd and another (Chobani), the manufactures of yoghurt which is produced in the US, but sold in the UK as Greek yoghurt. -
IP Cases & Articles
Composite Marks - Colloseum v Levi Strauss
This case concerns the question as to whether use of a trade mark would be considered genuine and sufficient to maintain a registration of that mark if the mark was only used with another mark, where the first mark is registered alone and separately, in combination with the second mark. -
IP Cases & Articles
USPTO Patents for Humanity Winners Announced
In April 2012 we reported on the US Patent and Trademark Office’s (USPTO’s) competition ‘Patents for Humanity’. -
IP Cases & Articles
The Patentability of Gene Sequences in the USA
In the much awaited Myriad decision (Association for Molecular Pathology v Myriad Genetics Inc 12-398) on the patentability of gene sequences, the US Supreme Court unanimously held that a naturally occurring DNA segment is a 'product of nature' and is not patentable subject matter merely because it has been isolated.… -
IP Cases & Articles
Proposed Modernisation of the UK IP System
The UK government has announced an intellectual property Bill which aims to modernise the IP system in the UK so that it “operates more efficiently, is clearer and is more accessible”. -
IP Cases & Articles
Stem Cell patent news: Brstle Patent and Parthenotes
As previously reported in this newsletter (1), the question of the patentability of technology based on the use of human embryonic stem cells (hESC) was considered in the Court of Justice of the European Union (CJEU) referral Brüstle v Greenpeace (C-34/10) in October 2011. The CJEU referral related to a…
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