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IP Cases & Articles
Genuine use: Are sales to end consumers necessary?
The General Court (GC) has confirmed that there is no 'end consumer' test for assessing genuine use, nor a need to have physically launched products in the marketplace. -
IP Cases & Articles
Borderline descriptive marks still enforceable
The EU General Court (GC) has upheld a finding of a likelihood of confusion between two figurative trade marks containing the descriptive words "EasyCredit" in relation to identical services. -
IP Cases & Articles
Fake goods online: blocking injunctions
The Court of Appeal has upheld the High Court's decision to grant orders requiring five internet service providers (ISPs) to block access to certain websites selling counterfeit goods. -
IP Cases & Articles
St. Regis v Park Regis: Sheraton v Staywell Hospitality
In this decision from the General Court, it was perhaps not surprising that the opposition by Sheraton (owner of the ST. REGIS brand) was successfully upheld by the General Court in respect of hotel services against the later filed application for PARK REGIS & Design. -
IP Cases & Articles
Henkell: proof of use essential function of your mark
Henkell & Co Sektkellerei KG (Henkell), the producer of sparkling wine, wine and spirits in Europe owns European Union trade mark (EUTM) registration number 952770 PICCOLO for goods in classes 32 and 42, including 'wines' and 'sparkling wines'. The trade mark was registered in August 2011. -
IP Cases & Articles
Taking Storck of the situation back to square one?
Lack of distinctive character is a common obstacle to securing trade mark registration for product packaging, whether as a 3D shape mark; a 2D figurative representation of a shape; or a design contained within packaging. -
IP Cases & Articles
Mind the GAP! British American Group v GAP (ITM)
In a recent appeal to the High Court from a decision of the UK Intellectual Property Office (UKIPO), the judge found that the earlier trade mark GAP was confusingly similar to the sign "The GapTravel Guide". -
IP Cases & Articles
GC rules for acquiescence: Tronios v BSkyB
In this case between Tronios and British Sky Broadcasting Group plc (BSkyB, now Sky plc), the General Court (GC) reiterated that acquiescence requires actual knowledge of the use and registration of a contested trade mark, confirming that inferences to such knowledge are insufficient. -
IP Cases & Articles
BMW v Technosport
In a recent UK court decision, BMW successfully claimed trade mark infringement and passing off against an independent car dealer that had used BMW's trade marks to promote its services. -
IP Cases & Articles
EU Trade Secrets Directive comes into force July 2016
The EU Trade Secrets Directive (2016/943) has been published in the Official Journal of the EU, therefore setting the date for it to come into force on 05 July 2016. Member states will then have up to two years to incorporate the Directive's provisions into their domestic law.
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