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Search results for "" 2268 results found

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  • IP Cases & Articles

    Layout of a retail store as a trade mark?

    Posted on 04 September 2014
    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).
    Matthew Dick
    Matthew Dick
    Partner, Solicitor
  • IP Cases & Articles

    K-swiss 5-stripe trade mark held invalid

    Posted on 04 September 2014
    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).
    Matthew Dick
    Matthew Dick
    Partner, Solicitor
  • IP Cases & Articles

    IP Act Cracks Down on Design Infringers

    Posted on 07 July 2014
    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.
    Jennifer Heath
    Jennifer Heath
    Senior Associate, Trade Mark Attorney
  • IP Cases & Articles

    Trade Mark Protection for Colourful Brands

    Posted on 07 July 2014
    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.
    Richard Burton
    Richard Burton
    Partner, Trade Mark Attorney
  • IP Cases & Articles

    K-Swiss 5-stripe Trade Marks Held Invalid

    Posted on 17 July 2014
    The General Court of the European Union (on appeal from the Board of Appeal at OHIM) has decided that the 5-stripe sign of K-Swiss, registered for footwear, is invalid as being devoid of distinctive character. These stripes were depicted as shown on the side of a shoe (in a not…
  • IP Cases & Articles

    Gleeful Decision: Comic v Twentieth Century Fox

    Posted on 02 May 2014
    In a victory for a true underdog, the High Court has ruled that the claimant’s figurative trade mark for “the Glee Club” was infringed by the defendant’s use of “glee” for a television series and subsequent promotion/merchandising. The defendant’s counterclaim for invalidity failed.
  • IP Cases & Articles

    Take Action to Prevent Trade Mark Genericism

    Posted on 02 May 2014
    Treating trade marks as common or generic terms undermines their essential function to inform consumers as to the origin of a product, which may result in loss of distinctiveness. Consider, for example, words such as “thermos”, “cellophane” and “escalator”, which were once registered trade marks but have been removed from…
    Jennifer Heath
    Jennifer Heath
    Senior Associate, Trade Mark Attorney
  • IP Cases & Articles

    Boop-Oop-a-Doop! Betty Boop Decision

    Posted on 02 May 2014
    This case concerned a claim for both trade mark infringement and passing off in the High Court of England and Wales in relation to the well-known BETTY BOOP character. A copyright claim is due to be heard later.
  • IP Cases & Articles

    Lush v Amazon - online retailers and sponsored links

    Posted on 25 March 2014
    The case of Cosmetic Warriors and Lush v Amazon has confirmed and clarified the recent cases of Google France, Interflora and L’Oreal v eBay regarding ‘double identity’ infringement in relation to the use of keywords and sponsored links, both within search engines (ie, Google’s AdWords service) and online retailing platforms…
  • IP Cases & Articles

    Generic Top-Level Domain Rollout

    Posted on 14 March 2014
    After significant planning and lengthy application stages following its launch in 2011, the Internet Corporation for Assigned Names and Numbers’ (ICANN) New gTLD (generic top-level domain) Program has begun to introduce the first of the estimated 1400 new TLDs. This latest development is part of an ongoing process, which, due…
    Jennifer Heath
    Jennifer Heath
    Senior Associate, Trade Mark Attorney

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