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IP Cases & Articles
Decision Tips on Lack of Distinctive Character
Obtaining registration for ‘unconventional trade marks’, such as colours, shapes, sounds or smells, is notoriously difficult; a common reason for refusal being that such marks lack distinctive character. -
IP Cases & Articles
Fast Track UK Trade Mark Opposition Procedure
On 01 October 2013, the UK Intellectual Property Office (UKIPO) launched a new fast track trade mark opposition procedure. The new streamlined procedure, which will run alongside the standard opposition route, has been introduced with a view to making UK oppositions more appealing to prospective opponents, enabling them to be… -
IP Cases & Articles
BEST: New Methods Tagged Onto Definition of Advertising
Following a reference from the Belgian Cour de Cassation, in Belgian Electronic Sorting Technology NV v Bert Peelaers and anor. C-657/11, the Court of Justice of the European Union (CJ) has ruled on the definition of ‘advertising’, within the meaning of the Comparative Advertising Directive 2006/114/EC (CAD). In particular, the… -
IP Cases & Articles
Assos v ASOS - Cycle Clothing Conflict
The English High Court has held that the online fashion designer and retailer ASOS is not liable for infringing the registered trade mark of Assos of Switzerland, the specialist cycling clothing company. -
IP Cases & Articles
gTLDs First Batch Soon to Be Launched
Further to our previous updates on this matter, following years of preparatory work, the Internet Corporation for Assigned Names and Numbers (ICANN) announced on 23 October 2013 that the first new generic Top-Level Domains (gTLDs) from its New gTLD Program are to be introduced in the next few weeks. -
IP Cases & Articles
Fast Track Trade Mark Opposition Procedure in the UK
In an effort to make the opposition procedure in the UK more appealing to applicants and opponents representing themselves, as well as to drive efficiencies and cost savings, on 1 October 2013 the UK Intellectual Property office will launch a new fast track trade mark opposition procedure in the UK. -
IP Cases & Articles
Sky v Microsoft: Trade Mark Infringement; Passing Off
In British Sky Broadcasting Group Plc v Microsoft Corporation ([2013] EWHC 1826 (Ch), June 28 2013), British Sky Broadcasting Group Plc succeeded in its claims of trade mark infringement and passing off against Microsoft Corporation. Sky also avoided counterclaims of invalidity of its trade marks and allegations of bad faith… -
IP Cases & Articles
Refocus on Revocation in Specsavers v Asda
The Court of Justice of the European Union (CJEU) has given its ruling in a reference from the English Court of Appeal on two points of interest to brand owners involving the non-use of trade marks and how use of a mark in colour may be relevant to assessing infringement. -
IP Cases & Articles
Magmatic v PMS - Trunkis Success Rolls On
The ‘Trunki’ ride-on suitcase is well known as ’the one that got away‘ from the UK reality television programme ‘Dragons’ Den’, which features entrepreneurs pitching their ideas to secure investment finance from a panel of venture capitalists. -
IP Cases & Articles
Cadbury v Nstle: Recognition and Distinctive Character
In 2010, Néstle filed a 3D UK application for the shape of its KIT-KAT chocolate bar. Cadbury opposed, claiming that a) the mark was devoid of distinctive character and had not acquired a distinctive character through the use that Néstle had made of it and b) the shape of the…
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