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

UK to push ahead with reforms to rules on unjustified threats on intellectual property rights – OUT-LAW.com

Posted February 1st, 2016 in consultations, copyright, intellectual property, news, patents, trade marks by tracey

‘The UK government is to legislate to bring greater consistency to laws concerning the communications intellectual property (IP) rights holders send to alleged infringers of their rights.’

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OUT-LAW.com, 1st February 2016

Source: www.out-law.com

Rulings rejecting taxi and chocolate bar shapes as trade marks reflect intentions of trade mark law, says expert – OUT-LAW.com

Posted January 26th, 2016 in food, intellectual property, news, taxis, trade marks by sally

‘The strict circumstances in which shapes can benefit from trade mark protection have been reinforced by two new rulings issued by the High Court in London, an expert has said.’

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OUT-LAW.com, 22nd January 2016

Source: www.out-law.com

Black cabs not unique, high court rules, paving way for ‘green’ taxis – The Guardian

Posted January 21st, 2016 in London, news, taxis, trade marks by sally

‘A high court judge has ruled that one of London’s most famous sights, the black cab, is not that unique after all, concluding that they are “devoid of inherent distinctive character”.’

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The Guardian, 20th January 2015

Source: www.guardian.co.uk

Nestlé loses high court battle to trademark shape of KitKat – The Guardian

Posted January 21st, 2016 in appeals, food, news, trade marks by sally

‘Nestlé has failed in its attempt to trademark the shape of KitKat in the UK, opening the door for rivals to launch copycat products.’

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The Guardian, 20th January 2016

Source: www.guardian.co.uk