Cartier launches legal attempt to block websites selling counterfeit goods – The Guardian

Posted September 26th, 2014 in counterfeiting, electronic commerce, injunctions, internet, news, trade marks by tracey

‘Cartier International, the luxury watch and jewellery company, is attempting to block websites allegedly selling counterfeit goods in a test case that could have far-reaching consequences for the internet. Lawyers for the Paris-based company launched their claim at the high court in London on Thursday. It is believed to be the first time online service providers have been asked to close down websites on the grounds that they feature pirated trademark logos.’

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The Guardian, 25th September 2014

Source: www.guardian.co.uk

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The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 – NIPC Law

Posted September 8th, 2014 in bills, copyright, damages, intellectual property, news, patents, trade marks by sally

‘On 14 May 2014 the Intellectual Property Bill received royal assent. The Act made some far reaching changes in patents, registered design and unregistered design right law which I summarized in “Reflections on the Intellectual Property Act 2014″ 7 June 2014 4-5 IP Tech and discussed in detail in “How the Intellectual Property Act 2014 changes British Patent Law” 21 June 2014 JD Supra, “How the Intellectual Property Act 2014 changes British Registered Design Law” 19 June 2014 JD Supra and “How the Intellectual Property Act 2014 will change British Unregistered Design Right Law” 11 June 2014 JD Supra 11 June 2014. On 28 Aug 2014 Lady Neville-Rolfe, Minister for Intellectual Property, signed The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 which will bring many of the provisions of the Act into force.’

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NIPC Law, 6th September 2014

Source: www.nipclaw.blogspot.co.uk

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New criminal offence for design rights infringement to take effect from October – OUT-LAW.com

Posted September 8th, 2014 in copyright, criminal justice, intellectual property, news, trade marks by sally

‘Criminal penalties could be pursued against intentional copiers of either UK or Community registered designs that do not have rights holders’ permission for their actions from the beginning of next month.’

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OUT-LAW.com, 5th September 2014

Source: www.out-law.com

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Who’s Pink – Thomas Pink or Victoria’s Secret? – NIPC Law

Posted September 1st, 2014 in news, trade marks by sally

‘In Thomas Pink Limited v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) (31 July 2014) Mr Justice Birss had to resolve a dispute between two well known retailers. The claimant was Thomas Pink which had started life as a specialist shirt maker in Jeremyn Street. It is now part of the LVMH Group the interests of which range from champagne to fashion.’

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NIPC Law, 31st August 2014

Source: www.nipclaw.blogspot.co.uk

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Shirtmaker Thomas Pink wins infringement case against Victoria’s Secret Pink line – Daily Telegraph

Posted August 1st, 2014 in news, trade marks by sally

Victoria’s Secret could be ordered to withdraw its Pink brand from UK stores after a High Court judge ruled that it could cause a detriment to the repute of Thomas Pink’s mark

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Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

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‘Skywalker’ signature rejected by passport officials – BBC News

Posted July 30th, 2014 in film industry, names, news, passports, trade marks by sally

‘A woman who added “Skywalker” as a middle name has been told by passport officials her signature infringes a trademark.’

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BBC News, 30th July 2014

Source: www.bbc.co.uk

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Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same – WLR Daily

Posted June 24th, 2014 in banking, EC law, intellectual property, law reports, trade marks by sally

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same (Joined Cases C-217/13 and C-218/13); ECLI:EU:C:2014:2012; [2014] WLR (D) 274

‘Article 3(1) and (3) of Parliament and Council Directive 2008/95/EC of 22 October 2008 to approximate the laws of the member states relating to trade marks precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark had acquired a distinctive character through use, it was necessary in every case that a consumer survey indicated a degree of recognition of at least 70%.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

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Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV – WLR Daily

Posted June 11th, 2014 in conflict of laws, EC law, jurisdiction, law reports, trade marks by sally

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV (Case C‑360/12); ECLI:EU:C:2014:911; [2014] WLR (D) 243

‘The concept of “the member state in which the act of infringement has been committed” in article 93(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark meant that, in the event of a sale and delivery of a counterfeit product in one member state, followed by a resale by the purchaser in another member state, that provision did not allow jurisdiction to be established to hear an infringement action against the original seller who did not himself act in the member state where the court seised was situated.’

WLR Daily, 5th June 2014

Source: www.iclr.co.uk

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Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

Full report

Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

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Intellectual Property in the UK and Europe – Speech by Lord Neuberger

Posted April 14th, 2014 in EC law, intellectual property, news, patents, trade marks by sally

Intellectual Property in the UK and Europe (PDF)

Speech by Lord Neuberger

Burrell Lecture for the Competition Law, 1st April 2014

Source: www.supremecourt.uk

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Trade Marks and Internet Searches: Lush v Amazon – NIPC Law

Posted April 9th, 2014 in advertising, internet, news, trade marks by sally

‘In Cosmetic Warriors Ltd and Another v amazon.co.uk Ltd and Another [2014] EWHC 181 Mr John Baldwin QC, sitting as a judge of the High Court, had to decide whether causing advertising to appear on an Internet user’s screen for products that competed with those of the claimants whenever the user entered the claimants’ trade mark into a search box amounted to an infringement of the claimants’ mark.’

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NIPC Law, 7th April 2014

Source: www.nipclaw.blogspot.co.uk

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Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v National Lottery Commission – WLR Daily

Posted April 1st, 2014 in EC law, gambling, law reports, trade marks by sally

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v National Lottery Commission (Case C-530/12P); [2014] WLR (D) 146

‘In an application for a declaration of invalidity of a Community trade mark, where the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (“OHIM”) was called upon to take account of the national law of the member state in which protection was given to an earlier mark on which the application was based, OHIM had to, of its own motion and by whatever means considered appropriate, obtain information about that national law, where such information was necessary for the purposes of assessing the applicability of a ground for invalidity relied on before it and of assessing the accuracy of the facts adduced or the probative value of the documents submitted.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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“The Only Girl in the World”: the Rihanna judgment and the protection of ‘image rights’ in English law – Sports Law Bulletin from Blackstone Chambers

Posted March 10th, 2014 in intellectual property, media, news, photography, sport, trade marks by sally

‘Despite the evident commercial value in the ‘image’ of modern sports personalities (indeed there are annual awards held by the BBC to identify the most noteworthy) there is no specific right to protect one’s image under English law. Relying on a cocktail of different causes of action and legal rights, English law offers some protections to a person whose ‘image’ is exploited for commercial reasons. The ingredients include: copyright and trademarks, the torts of defamation, breach of confidence, passing-off as well potentially through statutory rules ensuring data protection.’

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Sports Law Bulletin from Blackstone Chambers, 7th March 2014

Source: www.sportslawbulletin.org

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Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH – WLR Daily

Posted March 7th, 2014 in EC law, law reports, trade marks by tracey

Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH(Case C-409/12); [2014] WLR (D) 112

‘Under article 12(2)(a) of Parliament and Council Directive 2008/95/EC a trade mark was liable to revocation in respect of a product for which it was registered if, in consequence of acts or “inactivity” of the proprietor, that trade mark had become the common name for that product from the point of view solely of end users of the product. There was “inactivity” if the proprietor of the trade mark did not encourage sellers to make more use of that mark in marketing a product in respect of which the mark was registered; and the revocation of a trade mark did not presuppose that it had to be ascertained whether there were other names for a product for which that trade mark had become the common name in the trade.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

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Registered Community Designs: Magmatic Ltd v PMS International Ltd – NIPC Law

Posted March 5th, 2014 in appeals, intellectual property, interpretation, news, trade marks by sally

‘In Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013) Mr Justice Arnold held that PMS International Ltd (“PMS”) had infringed registered Community design number 43427-0001 (“the RCD”), some of Magmatic Ltd (“Magmatic”)’s design rights and Magmatic’s literary copyright in its safety notice. Magmatic appealed to the Court of Appeal on the grounds that the judge fell into error in finding infringement of the RCD in that he had wrongly interpreted the RCD and improperly excluded from his consideration various aspects of the design of Magimax’s product. In Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181 (28 Feb 2014) the Court of Appeal (Lords Justices Moses and Kitchin and Lady Justice Black) allowed the appeal.’

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NIPC Law, 4th March 2014

Source: www.nicplaw.blogspot.co.uk

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Trade Marks: British Shorinji Kempo Federation v Shorinji Kempo Unity – NIPC Law

Posted March 3rd, 2014 in appeals, consent, intellectual property, news, trade marks by sally

‘Two interesting points arose in British Shorinji Kempo Federation v Shorinji Kempo Unity [2014] EWHC 285 (Ch) (17 Feb 2014) in which my colleague Thomas Dillon appeared for the British Shorinji Kempo Foundation (“BSKF”) on a pro bono basis. The first was what constitutes genuine use for the purpose of s.6A of the Trade Marks Act 1994. The second was the methodology by which the judge determined whether the mark that had BSKF sought to register was similar to one that had previously been registered by Shorinji Kempo Unity (“SKU”) and if so whether there was any likelihood of confusion for the purposes of s.5 (2) of the Act.’

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NIPC Law, 24th February 2014

Source: www.nipclaw.blogspot.co.uk

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Leidseplein Beheer BV and another v Red Bull GmbH and another – WLR Daily

Posted February 12th, 2014 in EC law, law reports, third parties, trade marks by sally

Leidseplein Beheer BV and another v Red Bull GmbH and another (Case C-65/12); [2014] WLR (D) 48

‘Under article 5(2) of First Council Directive 89/104/EEC, the proprietor of a trade mark with a reputation could be obliged, pursuant to the concept of “due cause” within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which was identical to that for which that mark was registered, if it was demonstrated that the sign was being used before that mark was filed and that the use of that sign in relation to the identical product was in good faith.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

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Amazon and Lush ruling shows there’s an ‘added layer of protection’ against ‘piggy-backing’ on trade marks, says expert – OUT-LAW.com

Posted February 12th, 2014 in advertising, internet, news, sale of goods, trade marks by sally

‘Cosmetics company Lush was entitled to prevent Amazon using its trade mark to promote rival goods for sale on Amazon and via Google, the High Court has ruled.’

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OUT-LAW.com, 10th February 2014

Source: www.out-law.com

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“Unfair advantage” under the Trade Marks Directive – Competition Bulletin from Blackstone Chambers

Posted February 7th, 2014 in consumer protection, news, trade marks by tracey

‘Readers over the age of 24 do not fall into Jack Wills’ core target market, and may therefore be unfamiliar with the clothing brand’s “Mr Wills” pheasant logo. On the other hand, those readers who are Jack Wills devotees may want to check when you get home that you have not got confused and accidentally purchased, for about the same price, a House of Fraser product adorned with this equally delightful but nonetheless different bird. If you did get confused, it is perfectly understandable. After all, they’re both silhouettes of birds “equipped with accessories associated with an English gentleman”, as Mr Justice Arnold explained last week in Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110 (Ch).’

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Competition Bulletin from Blackstone Chambers, 4th February 2014

Source: www.competitionbulletin.com

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Illegal tobacco seller Roger Gerrey sold cigarettes to children – BBC News

‘A man who turned his Devon home into a shop selling illegal cigarettes to school children has been spared a jail sentence.’

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BBC News, 9th January 2014

Source: www.bbc.co.uk

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