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IP Cases & Articles
Trade marks in third party adverts: Daimler v Egyd
This case concerns use of trade marks in advertisments which have been picked up by third parties and whether this use (with or without consent) constitutes trade mark infringement. -
IP Cases & Articles
Registration of position marks in the European Union
Although position marks are not an officially recognised category of trade marks under UK or European Union (EU) law, such 'unconventional' trade marks are registrable, subject to fulfilling a trade mark's essential characteristics and overcoming absolute grounds. -
IP Cases & Articles
The question of evocation: Viiniverla v Sosiaali
According to the Court of Justice of the European Union (CJEU), a 'geographical indication' (GI) for CALVADOS may prevent use of VERLADOS even though VERLADOS is produced in the Finnish village of Verla, is sold only in Finland and the names share only one syllable and four letters in common. -
IP Cases & Articles
Are trade marks in other languages confusingly similar?
Recent decisions of the Court of Justice of the European Union (CJ) in El Corte Inglés v OHIM and the General Court (GC) in Rotkäppchen-Mumm v OHIM have considered the issue of whether a trade mark and its foreign language equivalents are confusingly similar or likely to give rise to… -
IP Cases & Articles
New Trade Secrets Directive expected during 2016
The Trade Secrets Directive was initially proposed by the European Commission in November 2013. It followed two studies published in November 2011 and April 2013 that found a divergence in national laws, some of which inadequately protect businesses and act as a deterrent to cross-border innovation activities. -
IP Cases & Articles
Brand owner beats cybersquatter...again!
The High Court has confirmed that the mere registration of a domain name may amount to passing off. The court also clarified that it did not have jurisdiction to hear appeals of Uniform Domain Name Dispute Resolution Policy (UDRP) or Dispute Resolution Service (DRS) decisions. -
IP Cases & Articles
Taxi! for 3D shape marks: London Taxi Company
The High Court handed down a decision in a case that deals with a wide spectrum of intellectual property issues, including average consumer assessment, validity of 3D shape marks, trade mark infringement and passing off. What is particularly interesting about this decision is that it highlights the difficulty of enforcing… -
IP Cases & Articles
Reforms to EU trade mark law 2016
Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation comes into force on 23 March 2016 -
IP Cases & Articles
Trade Secrets Directive to come into force in 2016
The Trade Secrets Directive was initially proposed by the European Commission in November 2013. It followed two studies published in November 2011 and April 2013 that found a divergence in national laws, some of which inadequately protect businesses and act as a deterrent to cross-border innovation activities. -
IP Cases & Articles
Modernizing EU trade mark law - A summary of reforms
Many readers will already be aware of the changes that are being made to the Community Trade Mark Regulation and Trade Mark Directive.
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