What’s your poison? A selection of recent trade mark decisions concerning the drinks industry – 3PB

Posted November 19th, 2020 in news, trade marks, trade names by sally

‘The Sazerac group is responsible for a wide variety of well-known spirits, including Southern Comfort. This case concerned one its bourbon brands, Eagle Rare. Sazerac had a UK and EU registered trade mark for “EAGLE RARE” in respect of class 33.’

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3PB, 3rd November 2020

Source: www.3pb.co.uk

Protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation – 3PB

Posted November 17th, 2020 in copyright, EC law, interpretation, news, trade marks by sally

‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’

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3PB, 3rd November 2020

Source: www.3pb.co.uk

University of Law fails to block trade mark in dispute with former student – Law Society’s Gazette

Posted November 6th, 2020 in intellectual property, legal education, news, trade marks, universities by tracey

‘The University of Law has lost major elements of a trade mark dispute against a start-up that helps teenagers get into law school, after claiming the branding could damage its reputation.’

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Law Society's Gazette, 5th November 2020

Source: www.lawgazette.co.uk

A haircut for broad trade mark specifications – Technology Law Update

Posted May 13th, 2020 in chambers articles, interpretation, news, trade marks by sally

‘The protection offered by a registered trade mark is defined by the particular goods and services for which it is registered. But how broad can a trade mark specification be? Too narrow and you risk having no control over the use of your brand in closely linked goods or services, and with little wriggle room for protection as you expand your offering. Too broad and you run the risk of having the trade mark registration challenged.’

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Technology Law Update, 12th May 2020

Source: www.technology-law-blog.co.uk

Trade marks – Sky v Skykick, The Final Chapter – NIPC Law

Posted May 12th, 2020 in EC law, news, trade marks by sally

‘On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. (“Sky”) issued proceedings against Skykick UK Ltd and Skykick Inc.(“Skykick”) for infringement of their EU and UK trade marks and passing off. Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith.’

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NIPC Law, 9th May 2020

Source: nipclaw.blogspot.com

High Court clarifies ‘bad faith’ trade mark rules – Law Society’s Gazette

‘Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice.’

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Law Society's Gazette, 30th April 2020

Source: www.lawgazette.co.uk

Trade Marks and Passing Off – Planetart v Photobox – NIPC Law

Posted April 14th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement. passing off and invalidation of one of the defendant’s trade marks. The claimants were the Delaware company, Planetart LLC, and its English subsidiary, Planetart Ltd. Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd. and Photobox Free Prints Ltd. offer a service that is similar to the claimants’.’

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NIPC Law, 11th April 2020

Source: nipclaw.blogspot.com

Trade Mark Infringement and Passing off – Natural Instinct Ltd v Natures Menu Ltd – NIPC Law

Posted April 9th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement and passing off between two medium-sized enterprises. Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000. It is it an example of how an intellectual property dispute should be resolved. Save that the Wood Green County Court’s jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986.’

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NIPC Law, 8th April 2020

Source: nipclaw.blogspot.com

Liverpool FC fail in move to trademark the word ‘Liverpool’ – The Guardian

Posted September 27th, 2019 in intellectual property, news, sport, trade marks by tracey

‘Liverpool FC’s attempt to trademark the word “Liverpool” has been rejected by the government’s Intellectual Property Office due to the “geographical significance” of the city.’

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The Guardian, 26th September 2019

Source: www.theguardian.com

Moving images are being trademarked in Britain for first time in 140 year history – Daily Telegraph

Posted July 2nd, 2019 in artistic works, intellectual property, internet, news, trade marks by sally

‘For more than 140 years, businesses, brands and even pop bands have put pen to paper in the hope of creating a distinctive trade mark that captures the public’s imagination.’

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Daily Telegraph, 29th June 2019

Source: www.telegraph.co.uk

BBC accused of breaching trademarked ‘Slay in Your Lane’ book title in #ChangeTheSport campaign – Daily Telegraph

Posted May 29th, 2019 in BBC, news, plagiarism, trade marks by tracey

‘An author has criticised the BBC for plagiarising her trademarked book title, saying that securing legal rights “won’t actually stop white women or big organisations ripping you off”. Yomi Adegoke wrote Slay in Your Lane alongside Elizabeth Uviebinene, which they describe as a “black women’s bible”, and trademarked the term when the book was released.’

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Daily Telegraph, 28th May 2019

Source: www.telegraph.co.uk

Trade Marks: APT Training and Consultancy Ltd. and another v Birmingham & Solihull Mental Health NHS Trust – NIPC Law

Posted April 23rd, 2019 in education, mental health, news, trade marks by sally

‘This was a very interesting case for two reasons. First, the claim was for the infringement of the claimant’s British and European Union trade marks for educational services, training, seminars and the like relating to psychology by providing mental health care in its hospitals and training in its use under an acronym that was the same as those registered marks. Secondly, the trial of the action took place outside London the first time in the history of the Intellectual Property Enterprise Court (“IPEC”).’

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NIPC Law, 21st April 2019

Source: nipclaw.blogspot.com

Reforms to UK trade mark laws take effect – OUT-LAW.com

Posted January 15th, 2019 in news, regulations, trade marks by tracey

‘Businesses should note changes made to UK trade mark laws that came into effect on Monday, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com

UK government publishes guidance to support new trade mark laws – OUT-LAW.com

Posted October 5th, 2018 in brexit, documents, EC law, intellectual property, news, time limits, trade marks by tracey

‘The UK government has published documents designed to support the implementation of new trade mark laws, which come into force next year.’

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OUT-LAW.com, 4th October 2018

Source: www.out-law.com

What happens to trade marks and designs if there’s a no-deal Brexit? – Technology Law Update

Posted September 26th, 2018 in brexit, EC law, news, trade marks by sally

‘The UK Government has published a notice about what will happen in relation to EU trade marks and designs if there is NO DEAL. The Government still regards NO DEAL as unlikely, but there is plenty of political uncertainty in the UK just now.’

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Technology Law Update, 25th September 2018

Source: www.technology-law-blog.co.uk

Kit Kat case: Time for a break in trademark row? – BBC News

Posted July 25th, 2018 in food, news, trade marks by tracey

‘When is a Kit Kat not a Kit Kat? If it’s a four-fingered wafer covered in chocolate, the Kit Kat people would tell you they own that design. Spare a thought, then, for identical treats like Norway’s Kvikk Lunsj – pronounced “quick lunch” – which has been around for 80 years. Nestlé has tried to trademark the chocolate bar’s three-dimensional shape for more than a decade, which rival Cadbury has fought hard against. The European Court of Justice is due to hand down judgement on Wednesday, which could end Kit Kat’s protected European status and a saga that has proved expensive for both sides.’

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BBC News, 25th July 2018

Source: www.bbc.co.uk

New UK trade mark laws finalised – OUT-LAW.com

Posted July 13th, 2018 in news, trade marks by tracey

‘New UK trade mark laws have been finalised, although they will not take effect until early next year.’

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OUT-LAW.co., 13th July 2018

Source: www.out-law.com

Brexit: trade marks and designs – 10 things to know – OUT-LAW.com

Posted July 12th, 2018 in agreements, brexit, EC law, intellectual property, news, trade marks, treaties by sally

‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’

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OUT-LAW.com, 11th July 2018

Source: www.out-law.com

Nestlé’s KitKat dealt blow in trademark battle as EU adviser says it is not distinctive enough – Daily Telegraph

Posted April 20th, 2018 in EC law, food, news, trade marks by sally

‘KitKat faces the loss of EU trade mark protection for its four-fingered chocolate bar, after a senior adviser to the European Court of Justice said the shape was not recognised by customers in enough countries.’

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Daily Telegraph, 19th April 2018

Source: www.telegraph.co.uk

UK to allow ‘moving image’ trade marks – OUT-LAW.com

Posted February 21st, 2018 in news, trade marks by tracey

‘Businesses will be able to register trade marks for moving images under changes proposed to UK law.’

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OUT-LAW.com, 21st February 2018

Source: www.out-law.com