UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com

Posted November 11th, 2022 in bills, brexit, copyright, EC law, intellectual property, news, trade marks by tracey

‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’

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OUT-LAW.com, 10th November 2022

Source: www.pinsentmasons.com

Ruling supports ‘bad faith’ trade mark counterclaims – OUT-LAW.com

Posted November 8th, 2022 in news, striking out, trade marks by sally

‘Assertions that a trade mark has been registered in bad faith should be assumed to be true unless the trade mark holder can provide evidence to demonstrate otherwise, the Court of Appeal has said.’

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OUT-LAW.com, 7th November 2022

Source: www.pinsentmasons.com

Opposition against a UK trade mark application – OUT-LAW.com

Posted September 15th, 2022 in news, notification, trade marks by tracey

‘Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration. This brief summary explains the procedures for opposing trade mark applications in the UK and for defending an opposition. The proceedings are the same for national UK filings as well as for international registrations designated to the UK.’

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OUT-LAW.com, 14th September 2022

Source: www.pinsentmasons.com

House of Zana boutique owner celebrates trademark win against Zara – The Guardian

Posted September 2nd, 2022 in intellectual property, news, trade marks by tracey

‘A boutique owner who took on the world’s largest fashion retailer and won is urging other independent stores to stand up to big business.’

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The Guardian, 31st August 2022

Source: www.theguardian.com

Business owner in trademark dispute with Microsoft – BBC News

Posted August 22nd, 2022 in intellectual property, news, trade marks by tracey

‘A woman said she was “devastated” to be in a dispute with Microsoft over the name of her business that helps children with literacy.’

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BBC News, 22nd August 2022

Source: www.bbc.co.uk

Appeal court deprecates “act of deliberate concealment” by party – Legal Futures

Posted May 11th, 2022 in appeals, civil justice, disclosure, intellectual property, news, trade marks by sally

‘Civil litigation should be conducted “with cards on the table – face up” and the courts should not “sanction an act of deliberate concealment” by one of the parties, appeal judges have ruled.’

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Legal Futures, 10th May 2022

Source: www.legalfutures.co.uk

Trade mark dispute provides lessons on costs, confusion and consent – OUT-LAW.com

Posted March 18th, 2022 in consent, costs, intellectual property, news, trade marks by tracey

‘A recent costs ruling shows that brands should think twice before claiming directors are jointly liable with their company for the infringement of their intellectual property (IP) rights. The costs ruling concerned a dispute over trade mark rights heard recently by the High Court in London. Its judgment in the case, involving rival property management companies Urbanbubble and Urban Evolution, shows how difficult it is for brand owners to rely on evidence purportedly showing actual confusion over who operates their brand, to demonstrate trade mark infringement. It further highlights the care trade mark owners must take when engaging with other brands to avoid inadvertently giving competitors permission to use similar trade marks.’

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OUT-LAW.com, 17th March 2022

Source: www.pinsentmasons.com

Owner of Claridge’s asks judge to send woman who ran Claridge Candles to jail – The Independent

Posted February 22nd, 2022 in contempt of court, news, suspended sentences, trade marks by tracey

‘The owner of one of London’s most famous hotels has asked a judge to jail a 64-year-old divorcee for infringing a trade mark.’

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The Independent, 21st February 2022

Source: www.independent.co.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

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Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

New guidelines to sentence trade mark offences published – Sentencing Council

‘Two new sentencing guidelines for sentencing individuals or companies that sell or possess counterfeit goods intended for sale were published by the Sentencing Council today, following consultation.’

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Sentencing Council, 5th August 2021

Source: www.sentencingcouncil.org.uk

The Battle of Revolax – Fox Group International Ltd v Teleta Pharma Ltd – NIPC Law

Posted July 23rd, 2021 in EC law, intellectual property, news, trade marks by sally

‘There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler manufactured by the Korean company Across Co., Ltd (“Across”) which Fox Group International Ltd. (“Fox”) enjoyed the exclusive right to distribute in the UK.’

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NIPC Law, 23rd July 2021

Source: nipclaw.blogspot.com

Lady Rose, ALBA Annual Lecture – Supreme Court

Posted July 13th, 2021 in evidence, speeches, statistics, trade marks by tracey

‘A Numbers Game? Statistics in Public Law Cases’

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Supreme Court, 5th July 2021

Source: www.supremecourt.uk

Banksy will have to reveal identity to control copyright, say judges – Daily Telegraph

Posted June 23rd, 2021 in anonymity, artistic works, copyright, news, trade marks by sally

‘Banksy will have to reveal his identity if he wants to regain control of his artistic portfolio, judges have said as they stripped him of a total of six trademarks.’

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Daily Telegraph, 22nd June 2021

Source: www.telegraph.co.uk

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