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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). -
IP Cases & Articles
Winning Moves - MONOPOLYs Monopoly on Opoly
This recent case from the appointed person in the United Kingdom centered on whether Hasbro, the owner of the MONOPOLY trade mark, was entitled to prevent the registration of an application for GALATOPOLY for games. -
IP Cases & Articles
Gucci GG: Evidence of Proof of Genuine Use
The UK Intellectual Property Office (UKIPO) has recently revoked Guccio Gucci S.p.A.’s (Gucci) UK trade mark registration 1082541 for a wide range of goods in classes 3, 14, 18 and 25 including watches, necklaces, handbags, pocket wallets, scarves and textile belts. The trade mark is now registered only in respect… -
IP Cases & Articles
Detriment to the Distinctive Character of a Trade Mark
In our July 2012 trade mark newsletter (edition 63) we reported on a decision from the General Court (GC) in the case of Société Elmar Wolf’s opposition to Environmental Manufacturing LLP’s CTM for a wolf device based on their earlier WOLF word and device marks registered as international and French… -
IP Cases & Articles
SFCs AQUAFLOW: Defence of Acquiescence
Nine years after SFC Jardibric (SFC) obtained a Community Trade Mark (CTM) registration for AQUA FLOW, Aqua Center Europe, SA (Aqua) applied for partial invalidity of the registration based on its earlier Spanish registration for VAQUA FLOW . SFC alleged that Aqua had acquiesced to the use of the AQUA…
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