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IP Cases & Articles
Galaxy Tab Does Not Infringe Apple's Design
On Monday 9 July, Judge Birss QC held that Samsung’s Galaxy Tab tablet did not infringe Apple’s Registered Community Design 000181697-0001 -
IP Cases & Articles
ONEL v OMEL Genuine Use of a CTM in the Community
The Advocate General (AG) has issued his opinion in the much anticipated ONEL case on the territorial extent of use required to constitute 'genuine use' of a Community trade mark (CTM) in the Community. -
IP Cases & Articles
Formula 1 Wins Appeal Against General Court in C-196/11
In April 2004, Racing-Live SAS (subsequently replaced by Global Sports Media Ltd) filed a Community trade mark application for a figurative trade mark in respect of various goods and services in classes 16, 38 and 41 including ‘magazines; books; publications; reservation of tickets for shows; arranging competitions on the Internet’. -
IP Cases & Articles
'Let it Be' - Apple Corps Ltd Contest Use of BEATLE
The General Court has recently issued its judgment in the case of the objection by Apple Corps Ltd against an application to register BEATLE for a range of goods in Class 12 limited primarily to wheelchairs and other transport to assist the disabled and those with handicaps. The question for… -
IP Cases & Articles
Marketing and the London 2012 Olympics
In our March 2012 newsletter, we looked at some of the principles underlying the Olympic brand and various ways in which the investment of the official partners and licensees, and thereby the Games themselves, are protected. We also gave a brief guide to some of the ‘do’s and don’ts’ of… -
IP Cases & Articles
No Need to Prove Detriment to Distinctive Character
On 22 May 2012, the General Court of the European Union (GC) concluded that the proprietor of an earlier trade mark was not required to produce evidence of a change in economic behaviour of the average consumer in order to show detriment to the distinctive character of such mark for… -
IP Cases & Articles
AdWords: Wintersteiger v Products 4U Sondermaschinenbau
This case from the Court of Justice of the European Union (CJEU) considers a jurisdictional issue in relation to the alleged infringement of a national trade mark by use of a sign identical to the mark as an AdWord. In particular, the CJEU looked at the interpretation of the phrase… -
IP Cases & Articles
IP Translator - Court of Justice Judgment
The much anticipated CJEU judgment in the IP Translator case has just been given (see link below). As with many CJEU judgments the actual consequences of its judgment have been sent back for the referring Court (in this case the Appointed Person in the UK) to determine. -
IP Cases & Articles
ICANN Publishes New gTLD Application Details
Following our previous updates on the new gTLD program, ICANN has today published details of applications for new gTLDs. ICANN received over 1,900 applications from around the world, and says that this marks the next phase in one of the most significant developments in the history of the Internet. -
IP Cases & Articles
Chocoladefabriken Lindt & Sprngli v OHIM
The Court of Justice has today confirmed that the Lindt’s attempt to appeal the decision to refuse the registration of the shape of their chocolate bunnies has been unsuccessful.
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