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IP Cases & Articles
Petco: GC decision on suspension of appeal proceedings
The General Court decision in Petco Animal Supplies Stores Inc v Office for Harmonisation in the Internal Market (OHIM) (case T-664/13) revolved around the issue of manipulating the opposition timetable and the relationship between concurrent opposition proceedings and applications for a declaration of invalidity in relation to the earlier mark. -
IP Cases & Articles
SOLISPOST and SOLIS POLE: costs for withdrawn appeal
In proceedings before the UK Intellectual Property Office (UKIPO), the hearing officer considered that two trade mark registrations for the word mark SOLISPOST were invalid as they were registered in bad faith and conflicted with earlier unregistered rights owned by the applicant for invalidity. The proprietor appealed to the appointed… -
IP Cases & Articles
EU territorial borders and assessment of genuine use
This recent Intellectual Property Enterprise Court (IPEC) decision found that genuine use was required in more than one European Union (EU) member state to maintain a Community trade mark (CTM) registration. This case involved an infringement action brought by The Sofa Workshop Limited (Sofa Workshop) against Sofaworks Limited (Sofaworks). -
IP Cases & Articles
Swatch loses opposition to SWATCHBALL CTM application
The General Court (GC) has rejected an opposition by Swatch AG to an application for the mark SWATCHBALL on the basis of its reputation in the mark SWATCH because there was no evidence that the relevant consumers would make a link between the marks SWATCH and SWATCHBALL. -
IP Cases & Articles
BASF v Evonik: when abbreviations become descriptive
BASF SE (BASF) owned a European Union Trade Mark (EUTM) registration for DINCH in respect of goods categorised as chemical products for plastics in class 1. It was filed in February 2002 and registered in March 2003. -
IP Cases & Articles
PORTO v PORTOBELLO ROAD surprise opposition decision
Trade mark decisions involving geographical indications (GIs) and protected designation of origins (PDOs) are relatively rare. In this case an application for a label design mark for PORTOBELLO ROAD No. 171 LONDON DRY GIN LONDON ENGLAND filed for gin was opposed, based on the PDO for PORTO, for wines from… -
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
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