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• IP Cases & Articles

  Likelihood of Confusion: Tesa v OHIM

  Posted on 13 March 2013
  The contested mark was a Community trade mark (CTM) application in the name of Tesa SE for ‘tesa TACK’ & Device (see below). The mark was applied for in relation to “self-adhesive products for office and household purposes” in Class 16.
  

  Richard Burton

  Partner, Trade Mark Attorney
• IP Cases & Articles

  Design Invalidity: Gardeco Limited v La Hacienda

  Posted on 13 March 2013
  Gardeco Limited obtained a Registered Design in the UK for “a conical steel chimenea with stainless steel rim around the mouth” .​La Hacienda Limited sought to invalidate this Registered Design under section 1B(1) of the Registered Designs Act 1949, which relates to the requirement that designs must be new and…
• IP Cases & Articles

  Chianti Fails to Stop French Rugby���s Rooster Mascot

  Posted on 13 March 2013
  Consorzio vino Chianti Classico (Chianti), the body responsible for promoting and protecting the Chianti Classico denomination, with their long established black rooster logo, has failed to stop Fédération Française de Rugby (FFR) from registering a Community trade mark (CTM) which predominantly consists of a rooster design.
• IP Cases & Articles

  Best Buy Fails to Prove Distinctiveness Through Use

  Posted on 13 March 2013
  Best Buy applied to register its trade marks BEST BUY and BEST BUY (Device, as shown below) in the UK. The applications were made for various services but this case specifically involves their interest in retail services (class 35).
• IP Cases & Articles

  Starbucks (HK) v Sky, EMI v Sky��

  Posted on 07 January 2013
  On 13 September 2012, the UK Court of Appeal upheld a stay of infringement proceedings pending the outcome of an invalidity application at OHIM in respect of alleged trade mark infringement.
• IP Cases & Articles

  Surveys and Witnesses to Show Confusion

  Posted on 07 January 2013
  Businesses use market research surveys to test a public's reaction to new products or to understand buying behaviour. They are important and valuable tools.
• IP Cases & Articles

  Genuine Use of a CTM in the Community in ONEL v OMEL

  Posted on 19 December 2012
  The Court of Justice decision has today issued in the much anticipated ONEL v OMEL case on the territorial extent of use required to constitute “genuine use” of a Community trade mark (CTM) in the Community
  

  Richard Burton

  Partner, Trade Mark Attorney
• IP Cases & Articles

  New Zealand Joins Madrid Protocol

  Posted on 10 December 2012
  New Zealand has today finally acceded to the Madrid Protocol system allowing for International Registrations of trade marks to designate New Zealand.
  

  Richard Burton

  Partner, Trade Mark Attorney
• IP Cases & Articles

  Data in the cloud - processing personal information

  Posted on 03 December 2012
  The new buzz word 'cloud' seems to have grown in significance of late and there are various advantages for businesses, not least cost savings in areas such as storage, power consumption and data retrieval.
• IP Cases & Articles

  Assignments overview and pitfalls to beware!

  Posted on 03 December 2012
  Many patents will see a change in ownership at some stage in their lives. Assignments are commonplace and occur for a variety of reasons; for example, in the context of a business sale where a buyer purchases all of the assets (including intellectual property assets) of a business from the…

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