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IP Cases & Articles
High Court overturns wine and whisky decision
The High Court of Justice has overturned a decision of the United Kingdom Intellectual Property Office (UKIPO) which found a likelihood of confusion between the marks JURA ORIGIN and ORIGIN. -
IP Cases & Articles
Assessing inherent distinctiveness
For a while now the widespread perception has been that OHIM's policy regarding the registrability of marks has gradually been becoming more and more strict. A recent case from the General Court (GC) confirms these fears to the extent that marks often acceptable to the UK Intellectual Property Office (UKIPO)… -
IP Cases & Articles
Scrabble wins appeal in Scramble squabble
The Court of Appeal recently handed down its judgment in an interesting case relating to the well-known word game SCRABBLE. Mattel, owners of the SCRABBLE brand, had issued proceedings for trade mark infringement and passing off against Zynga, creators of the word game SCRAMBLE (or SCRAMBLE WITH FRIENDS). -
IP Cases & Articles
New titles and fewer pages: trade mark reforms
EU trade mark reforms could include a misleading change -
IP Cases & Articles
Assos v Asos - Own name defence to infringement
The Court of Appeal has held that use of the mark ASOS did create a likelihood of confusion with the trade mark ASSOS; but, by a majority of 2:1, it also decided that Asos could rely on a defence to that infringement since it was using its own name. -
IP Cases & Articles
Sky rains on Skype's parade - Sky v Skype
In the latest stage of a long-running battle, the General Court (GC) has upheld broadcaster Sky's oppositions to telecommunication company Skype's Community trade marks (CTMs) for the SKYPE word and figurative marks on the basis that they are confusingly similar to SKY. -
IP Cases & Articles
Innocent smoothies The Dude logo: ownership agreements
This is a case that centres on whether a contract which included assignment of copyright provisions was executed; and whether the provisions in that agreement correctly assigned the copyright. -
IP Cases & Articles
Parallel importers of medicines can re-brand
Over the last thirty years, there has been substantial litigation throughout the European Union in relation to the parallel import of pharmaceuticals from one EU country to another. Such parallel imports are openly encouraged by the EU Commission and are seen as a way of harmonising prices in an area… -
IP Cases & Articles
VOLVO v REVOLVO fatal flaws in first assessment
A recent decision of the Appointed Person has found fatal flaws in the Hearing Officer's assessment in a case relating to the marks VOLVO/REVOLVO. The case has been returned to the UK Intellectual Property Office (UKIPO) for a fresh assessment. -
IP Cases & Articles
Scope of discretion for late trade mark evidence
Following a revision of OHIM's guidelines in June 2014, late additional evidence may be accepted in Community trade mark (CTM) opposition proceedings where it merely strengthens and clarifies relevant evidence presented before the deadline. Decisions from the General Court (T-393/12 and T-322/13 Kenzo Tsujimoto v OHIM) and Board of Appeal…
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