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IP Cases & Articles
K-Swiss 5-stripe Trade Marks Held Invalid
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
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
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… -
IP Cases & Articles
Boop-Oop-a-Doop! Betty Boop Decision
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
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
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… -
IP Cases & Articles
Trunki Skids to a Halt - Magmatic v PMS International
PMS International Limited has been successful in the Court of Appeal, overturning the High Court judgment which stated that their Kiddee Cases infringed Magmatic Limited’s design rights in relation to the Trunki, the famous ride-on suitcase for children. -
IP Cases & Articles
Utopia Tableware v BBP Marketing - UK Design Rights
The Intellectual Property Enterprise Court (IPEC - formerly the Patents County Court) has ruled that a UK registered design for a beer glass was valid and infringed by a defendant’s glass. Additionally, the unregistered design right in one of the design features was infringed. -
IP Cases & Articles
Re-branding of Parallel Imported Medicines Ruled Unlawful - Speciality European Pharma v Doncaster Pharmaceuticals
The parallel import of pharmaceuticals into the UK from other European Union (EU) countries has been common practice for over 30 years. Indeed, the EU Commission regards such parallel imports as an important part of its policy for approximating the price of medicines around the EU. Innovative pharmaceutical companies generally… -
IP Cases & Articles
True Colours: As Clear as Black and White?
It was always received wisdom within the UK that registering a logo or stylised word design as a trade mark in black and white meant that all colours were automatically covered. A new common practice announced by Office for Harmonization in the Internal Market (OHIM) in November 2013 is challenging…
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