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IP Cases & Articles
Scrabble 3D Tile Invalid: JW Spear and Mattel v Zynga
The High Court of England and Wales has found the Scrabble 3D trade mark to be invalid in a trade mark invalidation action. In JW Spear & Sons Ltd and Mattel Inc v Zynga, Mr Justice Arnold in the Chancery Division of the Court found that Mattel’s Scrabble ‘tile’ did… -
IP Cases & Articles
USPTO Takes a Tougher Stance on Evidence of Use
New rules have been introduced that allow the US PTO to request additional specimens, information and exhibits to ensure trade mark registrations can be maintained. -
IP Cases & Articles
Complementarity - what is it?
For many years now, the Office of Harmonization for the Internal Market (OHIM) has taken different factors into account when considering the similarity between two sets of goods/services. -
IP Cases & Articles
HANNAH MONTANA Disney Enterprises v Montana Alimentari
Finding in favour of Disney, the Office of Harmonization for the Internal Market (OHIM) has held that the famous family entertainment company may register the sign HANNAH MONTANA as a Community Trade Mark. -
IP Cases & Articles
NOW is the Winter of (Starbucks HKs) Discontent
These opening lines from William Shakespeare’s Richard III may be felt appropriate by Starbucks (HK) Ltd and PCCW in their trade mark infringement battle with BSkyB (“SkyTV”) - and not just because of the time of year. -
IP Cases & Articles
Online terms and conditions: time for a health check?
The UK Office of Fair Trading (OFT) issued a press release on the 12th October 2012 indicating that many of the top online retailers need to change certain terms and conditions on their websites in order to comply with the UK's Distance Selling Regulations and the E-Commerce Regulations. As part… -
IP Cases & Articles
Fruit of the Loom Inc v OHIM (T-514/10)
This case concerned whether use of the composite mark, FRUIT OF THE LOOM was sufficient to save a registration for FRUIT alone from a challenge on the ground of non-use. This is an interesting question and notwithstanding the supposed harmonised laws within the EU, views differ from country to country… -
IP Cases & Articles
SEVEN SUMMITS: Sport Eybl & Sports Experts GmbH
This case is an appeal to the General Court from Sport Eybl & Sports Experts GmbH (‘Sports’) following the refusal of their trade mark application for SEVEN SUMMITS (Device) for goods in Class 18 based on an earlier trade mark owned by Seven SpA for the trade mark SEVEN (stylised)… -
IP Cases & Articles
IP Translator: CIPA Seeks Clarity on Class Headings
On 19 June 2012, the Court of Justice gave its keenly awaited decision in the IP Translator case (the Chartered Institute of Patent Attorneys (Trade marks) [2012] EUECJ C-307/10). This was a test case, the purpose of which was to try to establish whether or not it is acceptable to… -
IP Cases & Articles
EMI v Sky: A Balance of Convenience
On 25 June 2012, Mr John Baldwin QC (sitting as Deputy Judge of the Chancery Division) handed down his judgment following a hearing between the EMI (IP) Ltd and others v British Sky Broadcasting Group plc and another [2012] EWHC 1644 (Ch).
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