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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… -
IP Cases & Articles
Kit Kat 3D Trade Mark Application: Nestl v Cadbury
The High Court has recently referred three questions to the Court of Justice of the European Union (CJ) in the case of Société Des Produits Nestlé SA v Cadbury UK Ltd [2014]. This case is an appeal by Nestlé from a decision of the UKIPO which refused registration of the… -
IP Cases & Articles
Ford v Fraud Musics Application - Detriment to Repute
The Ford Motor Company have been successful in an opposition to prevent registration of the trade mark FRAUD (Device) filed by Fraud Music Company (Fraud Music) for clothing, headwear and footwear in class 25 in the UK. -
IP Cases & Articles
International Registrations: Rivella v Baskaya
This decision of the Court of Justice of the European Union (CJ) confirms that the proof of use requirements in Council Regulation (EC) No 207/2009 on the Community trade mark (CTMR) apply to international registrations and, in addition, any bilateral convention about the equivalence of protection between two countries cannot… -
IP Cases & Articles
Dumb and Dumber? Parody Defences in the UK
In mid-February 2014, a coffee shop was opened in Los Angeles called “Dumb Starbucks”. The get-up of the café was very similar to the well known Starbucks chain, using the same shade of green and décor. Dumb Starbucks also amended the original Starbucks logo and menu, simply by adding the… -
IP Cases & Articles
FT: Do we have to sell the trademarks with the company?
In the Financial Times' Business Questions the owner of a London-based graphic design agency queries whether its trade marks must be sold along with the company, should it be purchased by a larger, international firm. -
IP Cases & Articles
EU Customs Regulation: EU Law Tackles Counterfeit Goods
As of 01 January 2014, a new regulation concerning customs enforcement of intellectual property rights is in force across the European Union (EU).
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