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IP Cases & Articles
Pink Punches: Thomas Pink v Victoria's Secret
Thomas Pink has recently won a case in the High Court against Victoria's Secret, in relation to the latter's use of their "PINK" sub-brand in Europe. The two companies are not new to battle with each other, and this decision provides a useful overview of trade mark law and an… -
IP Cases & Articles
Nanu-Nana v OHIM: evidence of genuine use
Over the summer, the General Court (GC) gave consideration to a case that addressed genuine use of a trade mark. The case concerned an application by Nanu-Nana Joachim Hoep GmbH & Co KG (Nanu-Nana) to invalidate a Community trade mark (CTM) registration of the mark LA NANA in the name… -
IP Cases & Articles
Mind the gap! Is GC's approach detached from practice?
This article discusses a recent decision from the General Court (GC) in the EU and asks whether the academic and formulaic approach adopted by OHIM and the European courts for assessing a likelihood of confusion is increasingly resulting in decisions which, from a commercial perspective, appear to be plainly wrong. -
IP Cases & Articles
Enterprise v Europcar: survey evidence; distinctiveness
Enterprise Holdings requested permission of the High Court to be allowed to adduce survey evidence regarding the distinctiveness of its trade marks, which it claimed had been infringed by Europcar. -
IP Cases & Articles
Blocking orders for websites selling counterfeit goods
In a recent decision the High Court has granted a series of orders sought by Richemont (the owner of a number of luxury brands such as Cartier, Montblanc and IWC) against various Internet Service Providers (ISPs) including Sky and BT, requiring them to block or impede access to particular websites… -
IP Cases & Articles
Specsavers v ASDA returns to Court of Appeal
We reported the Court of Appeal's decision on this case in February 2012 and the Court of Justice of the European Union's (CJ) response to the Court of Appeal's questions was confirmed in our article in September of last year. -
IP Cases & Articles
Layout of a retail store as a trade mark?
The Court of Justice of the European Union (CJ) has acknowledged that the design layout of a shop can conceivably be registered as a trade mark for retail store services within the European Union (EU). -
IP Cases & Articles
K-swiss 5-stripe trade mark held invalid
The General Court (GC) has decided that the 5-stripe mark of K-Swiss, depicted below, registered for footwear, is invalid as it is devoid of distinctive character. The stripes were depicted as shown on the side of a shoe (in a not dissimilar way to the 3 stripes of Adidas). -
IP Cases & Articles
IP Act Cracks Down on Design Infringers
The Intellectual Property Act 2014 received Royal Assent on 14 May 2014 and will come into force from 01 October 2014. The Intellectual Property Act emanates from the Hargreaves Review of Intellectual Property and Growth and is intended to modernise, simplify and clarify the law relating to designs and patents. -
IP Cases & Articles
Trade Mark Protection for Colourful Brands
An initiative designed to promote consistent practices between the European Union (EU) national trade mark offices and the Office for Harmonisation for the Internal Market (OHIM) has issued a common communication on the scope of protection of trade marks registered in black and white.
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