IP ‘threats’ law enters into force – Law Society’s Gazette

Posted October 3rd, 2017 in bills, intellectual property, news, trade marks by sally

‘A law that could help intellectual property owners assert their rights more freely came into force yesterday. The Intellectual Property (Unjustified Threats) Act 2017 curtails a legal remedy available to a party threatened with IP infringement.’

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Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

Trade Marks and Passing off – Coreix Ltd v Coretx Holdings Plc and Others – NIPC Law

Posted September 20th, 2017 in news, trade marks by sally

‘This was a claim for trade mark infringement and passing off and an application for the cancellation of CORETX as a UK trade mark. The action was brought by Coreix Ltd. (“Coreix”) which was the registered proprietor of the word mark COREIX. The defendants are members of a group of companies that include the word CORETX in their corporate names, have registered CORETX sign as a word mark and supply ICT services under that mark as well as a device mark that includes the word CORETX.’

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NIPC Law, 11th September 2017

Source: nipclaw.blogspot.co.uk

The sale of ‘grey goods’ can attract criminal penalties under trade mark law, rules UK Supreme Court – OUT-LAW.com

Posted August 4th, 2017 in news, parallel imports, penalties, third parties, trade marks by sally

‘Criminal penalties can be imposed on businesses that engage in the sale of so-called ‘grey goods’, the UK Supreme Court has ruled.’

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OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

Morally questionable trade marks: why the US and Europe see things differently – Technology Law Update

Posted June 28th, 2017 in EC law, news, trade marks by sally

‘In a landmark ruling last week, the US Supreme Court held that the rule against disparaging trademarks in the Lanham Act is unconstitutional under the First Amendment right to free speech. The case concerned an application by a rock band to register “THE SLANTS” (widely used as a slang, derogatory term for people of Asian descent) as a US Federal trademark. The band, themselves Asian American, were making a point, reclaiming a word that had been used against them as an insult. They certainly gained themselves some publicity along the way.’

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Technology Law Update, 27th June 2017

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

Firms face trade mark squatting woes – Law Society’s Gazette

Posted June 7th, 2017 in China, international law, law firms, news, trade marks by sally

‘International law firms face being held to ransom after falling foul of China’s problematic trade mark filing rules.’

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Law Society's Gazette, 6th June 2017

Source: www.lawgazette.co.uk

Mere association of Nestlé shape mark with Kit Kat brand ‘fatal’ to claims of acquired distinctiveness, rules court – OUT-LAW.com

Posted May 24th, 2017 in appeals, EC law, food, intellectual property, news, trade marks by sally

‘Kit Kat manufacturer Nestlé has had its bid to trade mark the shape of its four-fingered chocolate bar rejected by the Court of Appeal in London in a ruling which could impact on similar applications to trade mark shapes deemed not to be inherently distinctive.’

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OUT-LAW.com, 23rd May 2017

Source: www.out-law.com

Nestlé foiled by Cadbury as it loses bid to trademark KitKat bar – The Independent

Posted May 18th, 2017 in appeals, food, intellectual property, news, trade marks by tracey

‘KitKat-maker Nestlé has been foiled again, after a UK Court of Appeal ruled that the consumer goods giant cannot trademark the shape of its popular four-fingered chocolate bar.’

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The Independent, 17th may 2017

Source: www.independent.co.uk

Pictures alone cannot define how colour trade marks should be applied, rules Court of Appeal – OUT-LAW.com

Posted May 15th, 2017 in appeals, EC law, news, trade marks by sally

‘Pictures alone cannot define how colour trade marks should be applied, the Court of Appeal in London has ruled.’

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OUT-LAW.com, 12th May 2017

Source: www.out-law.com

Drug company’s use of trade mark rights to restrict rival imports legitimate, rules Court of Appeal – OUT-LAW.com

Posted April 7th, 2017 in medicines, news, trade marks by tracey

‘A drug company was entitled to rely on its trade mark rights to stop two businesses from importing into the UK the same product as it sold on the basis that the rivals’ product would be sold under the drug company’s name, the Court of Appeal in London has ruled.’

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OUT-LAW.com, 6th April

Source: www.out-law.com

Rivals’ keyword marketing activity censured by High Court – OUT-LAW.com

Posted November 25th, 2016 in advertising, internet, news, trade marks by tracey

‘Online marketing activity carried out separately by two rival bathroom retailers respectively infringed trade mark and passing off rights, the High Court in London has ruled.’

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OUT-LAW.com, 24th November 2016

Source: www.out-law.com

Domain name suspensions more than double in a year, says UK registry – OUT-LAW.com

Posted November 17th, 2016 in domain names, enforcement, intellectual property, news, police, reports, trade marks by sally

‘More than 8,000 web addresses were suspended by Nominet during the year up to the end of October 2016, more than double the number suspended in the previous 12 months, the internet registry for ‘.uk’ domain names has said.’

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OUT-LAW.com, 17th November 2016

Source: www.out-law.com

Great British Bake Off an example of the legal challenges in protecting TV formats, say experts – OUT-LAW.com

Posted October 11th, 2016 in copyright, intellectual property, media, news, trade marks by sally

‘The recent sale of rights to broadcast The Great British Bake Off has highlighted the legal challenges facing broadcasters keen to protect their rights and interests in TV formats.’

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OUT-LAW.com, 10th October 2016

Source: www.out-law.com

The dark art of copyright: trademark battles from Specsavers to Facebook – The Guardian

Posted August 22nd, 2016 in copyright, intellectual property, news, patents, trade marks by sally

‘Swimmer Ryan Lochte probably isn’t bothering anyone by trademarking ‘Jeah’, his bizarre victory scream – but can Specsavers really patent ‘should’ve’, or can Facebook own ‘face’ and ‘book’? The world of trademark law is murky indeed.’

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The Guardian, 20th August 2016

Source: www.guardian.co.uk

Specsavers’ application to trademark ‘should’ve’ approved – The Guardian

Posted August 17th, 2016 in news, trade marks by sally

‘The UK’s Intellectual Property Office has approved Specsavers’ application to trademark the terms “should’ve” and “shouldve” to protect its well-known catchphrase.’

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The Guardian, 16th August 2016

Source: www.guardian.co.uk

A (brief) update on how the UK will deal with IP rights after Brexit – Technology Law Update

Posted August 8th, 2016 in copyright, EC law, enforcement, news, patents, referendums, trade marks by sally

‘The UK’s Intellectual Property Office has issued a briefing on the future for IP rights after Brexit. This gives IP owners some crumbs of comfort to innovative businesses, but little detail.’

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Technology Law Update, 5th August 2016

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

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) – WLR Daily

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) [2016] EWHC 1609 (Ch)

‘Where a party intervenes in an appeal from a decision of a hearing officer acting on behalf of the Comptroller General of Patents, Designs and Trade Marks, ordinary a costs order will not be made in the intervener’s favour. The court will only consider departing from its ordinary position if it is satisfied that (1) the intervener’s position was successful, (2) its submission added value to the hearing, and (3) it had not duplicated the respondent’s submissions (paras 10, 12).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

The UK is leaving – what will it mean for technology and life science businesses? – Technology Law Blog

‘After yesterday’s leave vote, the UK government will need to start the process of disentangling the country from the EU. Formal steps to trigger withdrawal under Article 50 of the EU Treaty are currently expected to await Prime Minister David Cameron’s replacement in the coming months, although informal negotiations may begin sooner. What will be the legal impact for innovative businesses?’

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Technology Law Blog, 24th June 2016

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

Marussia Communications Ireland Ltd v Manor Grand Prix Racing Ltd and another – WLR Daily

Posted April 20th, 2016 in EC law, law reports, licensing, time limits, trade marks by sally

Marussia Communications Ireland Ltd v Manor Grand Prix Racing Ltd and another [2016] EWHC 809 (Ch)

‘The claimant was the proprietor of a Community registered trade mark for the “Marussia” name and logo, which it licensed to the defendant to use for a certain period. The claimant brought a claim for trade mark infringement, claiming that the defendant had continued to use the trade mark after the licence period had ended and that the use of the “Marussia” name contravened article 9(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. The defendants relied upon five defences, including consent of the claimant within the meaning of Council Regulation 207/2009. On the claimant’s application for summary judgment am issue arose as to whether, if it failed to prove the claimant had given consent, the defendant could none the less rely on English law principles of estoppel to achieve either the same or a similar result.’

WLR Daily, 13th April 2016

Source: www.iclr.co.uk

Hashtag applications on the rise #TimesAreChanging – Technology Law Update

Posted March 30th, 2016 in enforcement, intellectual property, internet, news, statistics, trade marks by sally

‘Research by Thomson CompuMark has highlighted the effect of the changing social media landscape on trademark applications.’

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Technology Law Update, 30th March 2016

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

Court of Appeal must maintain brand owners’ right to obtain website blocking orders, says expert – OUT-LAW.com

‘The Court of Appeal in London must maintain the right of brand owners to obtain website blocking orders against internet service providers (ISPs) as a means of enforcing their trade mark rights against infringers, an expert has said.’

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OUT-LAW.com, 24th February 2016

Source: www.out-law.com