The ‘halo effect’ that means Aldi will keep making copycat products – The Independent

Posted February 28th, 2024 in appeals, food, intellectual property, news, trade marks by sally

‘A long-running battle between Aldi and Marks & Spencer over light-up gin bottles is just the latest in a line of court cases the German discounter has faced with its brand rivals.’

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The Independent, 27th February 2024


UK High Court dismisses Thatchers cider ‘copycat’ claims –

Posted February 6th, 2024 in consumer protection, food, news, trade marks by tracey

‘A recent decision by the High Court in London may diminish the confidence of firms looking to invoke registered trade mark rights in cases of lookalike products, an expert has said.’

Full Story, 5th February 2024


Trade mark ruling ‘first’ showing UK divergence from EU law post-Brexit –

Posted January 19th, 2024 in appeals, brexit, EC law, intellectual property, news, time limits, trade marks by sally

‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’

Full Story, 18th January 2024


Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law

Posted January 9th, 2024 in brexit, EC law, limitations, news, precedent, trade marks by tracey

‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’

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NIPC Law, 4th January 2024


Amazon online marketplace trade mark case comes before UK Supreme Court –

Posted November 9th, 2023 in appeals, intellectual property, internet, news, Supreme Court, trade marks by sally

‘The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.’

Full Story, 8th November 2023


Ambush marketing: Norwich Pharmacal Applications (Puma v TfL) – Mills & Reeve

Posted July 14th, 2023 in advertising, intellectual property, news, sport, trade marks by sally

‘Puma SE (Puma) brought an application against Transport for London (TfL) after TfL removed Puma’s adverts from Wembley Park Tube Station three days before the Women’s Euro finals.’

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Mills & Reeve, 13th July 2023


Tesco vs Lidl: Injunction issued over logo use in latest supermarket war – The Independent

Posted June 27th, 2023 in appeals, injunctions, news, trade marks by sally

‘Two UK supermarket giants are at loggerheads in London’s High Court in a war over logos.’

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The Independent, 26th June 2023


Percy Pigs: M&S reaches agreement with sweet company in dispute – BBC News

Posted June 9th, 2023 in food, intellectual property, news, trade marks by tracey

‘Marks & Spencer said it has reached an “amicable resolution” with a confectionery company in a row over the Percy Pigs sweets.’

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BBC News, 8th June 2023


Battle of the brands continues as Lidl seeks disclosure – Law Society’s Gazette

‘Tesco has undervalued the damage it did to the Lidl brand by its use of a blue and yellow logo to promote prices promotions, the High Court heard yesterday.’

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Law Society's Gazette, 23rd May 2023


BeReal v BeReal: Trademark battle set to go to tribunal – BBC News

Posted May 19th, 2023 in intellectual property, news, trade marks by tracey

‘A small business owner who is in a naming rights row with a French social media app that has the same name has hit out at its “threatening” conduct. Batool Zaidi filed to register the name of her womenswear company, BeReal, in the UK in November 2020 – a year before the French namesake filed in the UK.’

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BBC News, 19th May 2023


Rebekah Vardy trademarks the phrase Wagatha Christie – BBC News

Posted April 20th, 2023 in brand names, defamation, media, news, trade marks by sally

‘Rebekah Vardy trademarked the phrase “Wagatha Christie” after losing her libel case against Coleen Rooney.’

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BBC News, 19th April 2023


Lidl wins high court case against Tesco over blue and yellow logo – The Guardian

Posted April 20th, 2023 in copyright, news, trade marks by sally

‘Tesco may have to stop using a blue and yellow logo to promote its Clubcard loyalty scheme after the high court found it had copied a design by Lidl.’

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The Guardian, 19th April 2023


Case Preview: Lifestyle Equities C.V. and Anor v Ahmed and Anor – UKSC Blog

‘In this post, Mark Chapman and Alisha Young (both associates within the Insurance Group at CMS) preview the decision awaited from the Supreme Court in Lifestyle Equities C.V. and Anor v Ahmed and Anor. The appeal was heard by the Supreme Court on 20 & 21 February 2023 and judgment is presently awaited.’

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UKSC Blog, 8th March 2023


UK Retained EU Law Bill’s impact on intellectual property –

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.’

Full Story, 10th November 2022


Ruling supports ‘bad faith’ trade mark counterclaims –

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.’

Full Story, 7th November 2022


Opposition against a UK trade mark application –

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.’

Full Story, 14th September 2022


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


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


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


Trade mark dispute provides lessons on costs, confusion and consent –

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.’

Full Story, 17th March 2022