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Search results for "" 2267 results found

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  • IP Cases & Articles

    EUIPO examiner overturned in Novartis GC logo appeal

    Posted on 07 March 2017
    As many of our regular readers will know once an examiner at the European Union Intellectual Property Office (EUIPO) has raised an objection it is rare for them to either change their mind or have their decision overturned.
  • IP Cases & Articles

    Importance of TM clearance searches at brand launch

    Posted on 07 March 2017
    A recent High Court case has underlined the importance of conducting full clearance searches prior to launching or registering a brand, and the difficulties when two businesses trade under similar names in different locations.
    Matthew Dick
    Matthew Dick
    Partner, Solicitor
  • IP Cases & Articles

    Honest concurrent use in keyword advertising

    Posted on 07 March 2017
    A number of UK cases over the years have considered the scope of the 'honest concurrent user' defence to trade mark infringement. However, this is the first reported case to do so in the context of keyword advertising.
    Tamsin Holman
    Tamsin Holman
    Partner, Solicitor
  • IP Cases & Articles

    Ready to...GC dismisses PRET A DINER appeal

    Posted on 07 March 2017
    The General Court has provided guidance on the assessment of 'foreign' language marks from the English speaking public's perspective.
  • IP Cases & Articles

    Rubik's Cube - twists & turns

    Posted on 07 March 2017
    The Court of Justice of the European Union (CJEU) has confirmed that when considering Article 7(1)(e)(ii) (that a mark consists exclusively of the shape of goods necessary to achieve a technical result) extrinsic evidence may be relevant, such as descriptions filed at the time of the application.
  • IP Cases & Articles

    Infringement of EUTMs: issues of jurisdiction and the geographical scope of injunctions

    Posted on 13 January 2017
    In this article we review two recent decisions which consider the jurisdiction of national courts over infringement of European Union Trade Marks (EUTM(s)) and the geographical scope of injunctions to be granted in cases of infringement of an EUTM.
    Anna Reid
    Anna Reid
    Partner, Solicitor
    Matthew Dick
    Matthew Dick
    Partner, Solicitor
  • IP Cases & Articles

    IPEC considers passing off based on get-up: TALA cups

    Posted on 13 January 2017
    This case provides a very useful overview of the tricky area of passing off based on get-up; an issue which has always sat rather uncomfortably with public perception.
  • IP Cases & Articles

    Third party liability for unauthorised sale of goods

    Posted on 13 January 2017
    The Court of Appeal has confirmed that third parties (including companies) can be liable for prosecution if they sell, offer for sale, distribute or possess with a view to distribute, 'grey market goods', that is goods bearing a trade mark, where a trade mark proprietor has given consent to have…
  • IP Cases & Articles

    No go for Nero logo: GC rejects Caff Nero appeal

    Posted on 13 January 2017
    In two related decisions, the EU General Court (GC) has rejected two applications by Caffè Nero Group Ltd to register the name Caffè Nero and its company logo.
    Richard Burton
    Richard Burton
    Partner, Trade Mark Attorney
  • IP Cases & Articles

    Problem child: CJEU dismisses BAMBINO LK appeal

    Posted on 13 January 2017
    The Court of Justice of the European Union (CJEU) has rejected an appeal against the General Court's (GC) decision refusing to register the applicant's figurative mark BAMBINO LÜK as an EU trade mark (EUTM) for various goods due to likelihood of confusion with an earlier BAMBINO figurative mark, despite the…

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