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IP Cases & Articles
GC Refuses VIAGUARA Mark for Dissimilar Goods
According to the General Court of the European Union, the sign VIAGUARA cannot be registered as a Community trade mark for drinks. The Court has ruled that use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark VIAGRA, owned by… -
IP Cases & Articles
No Likelihood of Confusion Between 'Boomerang' Marks
El Corte Inglés v OHIM, Case T-593/10. On 24 January 2012, the General Court of the European Union agreed with OHIM's Board of Appeal that there does not exist a likelihood of confusion between Jian Min Ruan’s Community Trade Mark (CTM) application (the sign) and the earlier CTM (the earlier… -
IP Cases & Articles
Likelihood of Confusion Between Ragolizia and Favolizia
August Storck KG v OHIM: Case T-462/09 - On 12 January 2012, the General Court of the European Union (the Court) agreed with OHIM's Board of Appeal that there exists a likelihood of confusion between the Community trade mark (CTM) Application for 'RAGOLIZIA' by August Storck KG and the earlier… -
IP Cases & Articles
New Generic Top Level Domains (gTLDs)
On 12 January 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) will open the application window for the New Generic Top Level Domains (gTLD) Program. -
IP Cases & Articles
Visual Differences Avoid Confusion in Figurative Marks
In a recent decision concerning the impact of differing figurative elements in Community trade marks where the goods in question are identical or similar, the General Court has held that, in some cases, the differences are not sufficient to avoid a likelihood of confusion. -
IP Cases & Articles
Proof of Use Unproven for 'Royal Shakespeare'
This Trade Marks Registry decision highlights what is required to defend a non use revocation action filed against a trade mark registration. Jackson International had registered ROYAL SHAKESPEARE in connection with ‘beers, including low-alcohol and non-alcoholic beers; fruit drinks; fruit juices and isotonic drinks’ in class 32. -
IP Cases & Articles
Sweet Success - Cadbury Registers Purple Colour in UK
Following an opposition from Nestlé, Cadbury has been successful in registering the colour purple, in relation to a range of chocolate products. -
IP Cases & Articles
Stays of UK patent proceedings:revised guidance
We are often asked whether the UK courts stay patent litigation pending the outcome of European Patent Office (EPO) oppositions. Practice within Europe varies – for example, in Germany it isn’t possible to have national invalidity proceedings where there is a pending opposition, and infringement proceedings typically are not stayed.… -
IP Cases & Articles
Inventive Step Evidence - The Correct Approach
Mr Justice Arnold, now the senior judge in the English Patent Court, recently reemphasised the importance of correctly instructing experts on inventive step in the UK. In HTC v Nokia, Arnold J was somewhat critical of the manner in which HTC had instructed its expert when considering inventive step, indicating… -
IP Cases & Articles
HTC v Nokia: licence defence may be narrow
On 30 October 2013, Arnold J gave judgment in HTC Corporation v Nokia Corporation, a case concerning a non-standards essential patent relating to mobile phones. In this case, Nokia alleged that several HTC phones infringed the patent through their inclusion of chips supplied to HTC, in Taiwan, from Broadcomm and…
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