Category: trade marks

Intel Corpn Inc v CPM United Kingdom Ltd (Case C-252/07); [2008] WLR (D) 371

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Intel Corpn Inc v CPM United Kingdom Ltd – WLR Daily

Posted December 1st, 2008 in EC law, law reports, trade marks by sally

“A national court, considering an invalidity application brought by the proprietor of a registered trade mark with a reputation, had to take into account all the factors relevant to the circumstances of the case. Those factors included the fact that, for an average consumer who was reasonably well informed and observant a later trade mark called an earlier mark with a reputation to mind, was in principle tantamount to the establishment of such a link between the conflicting marks. But an absence of similarity between the product areas concerned could not be taken to imply the absence of such a link. Belief in an economic connection between the marks was not a necessary criterion.”

WLR Daily, 27th November 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Intel ruling sets tough dilution test for owners of famous brands – OUT-LAW.com

Posted November 28th, 2008 in news, trade marks by sally

“The owner of a famous trade mark can stop a similar mark being used for completely different goods and services but must show that the new mark will have an economic impact on consumers to its detriment, the European Court of Justice has ruled.”

OUT-LAW.com, 28th November 2008

Source: www.out-law.com

Intel ruling restricts legal protection for famous brands – The Times

Posted November 27th, 2008 in brand names, trade marks by sally

“Companies will find it harder to protect well-known brands from being exploited by other businesses following a landmark ruling by Europe’s highest court today.”

The Times, 27th November 2008

Trade mark owner loses domain name claim against unauthorised reseller – OUT-LAW.com

Posted November 24th, 2008 in domain names, news, trade marks by sally

“Dealers and resellers can use a manufacturer’s trade mark as a domain name even when their sales are not authorised by the manufacturer, an arbitration panel has ruled.”

OUT-LAW.com, 19th November 2008

Source: www.out-law.com

Fake audiobook seller jailed – The Independent

Posted November 20th, 2008 in copyright, counterfeiting, news, sentencing, trade marks by sally

“A man who conned people with counterfeit audiobooks, including the best-selling Harry Potter tales, was today jailed for 21 months.”

The Independent, 20th November 2008

Source: www.independent.co.uk

Defence of poor quality trade mark reproduction rejected by Court of Appeal – OUT-LAW.com

Posted October 31st, 2008 in news, trade marks by sally

“A man has tried to overturn a conviction by claiming that he could not have infringed a trade mark because his copy of it was so poor. Gary Boulter has been refused permission to appeal his conviction of criminal trade mark infringement.”

OUT-LAW.com, 30th October 2008

Source: www.out-law.com

Radio and drinks firms battle over rights to the word ‘absolute’ – OUT-LAW.com

Posted October 15th, 2008 in news, trade marks by sally

“A vodka maker is suing a radio station over its use of the name ‘absolute’. Virgin Radio was recently renamed Absolute Radio, but V&S Vin & Spirit, which is behind vodka brand Absolut, claims that the use of the name is a trade mark violation.”

OUT-LAW.com, 14th October 2008

SOurce: www.out-law.com

Trade mark owners will need greater vigilance from October – OUT-LAW.com

Posted September 9th, 2008 in news, trade marks by sally

“Trade mark owners will have to be more vigilant than ever in protecting their marks from the beginning of next month when new trade mark laws come into effect. The change is expected to increase demand for brand monitoring services.”

esure Insurance Ltd v Direct Line Insurance plc

OUT-LAW.com, 8th September 2008

Source: www.out-law.com

esure Insurance Ltd v Direct Line Insurance plc – Times Law Reports

Posted September 5th, 2008 in expert witnesses, law reports, trade marks by sally

Court of Appeal

“An expert’s report was of little value in evaluating the likelihood of trade-mark confusion from the standpoint of a consumer.”

The Times, 5th September 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Judge says expert witnesses are rarely useful for trade mark disputes – OUT-LAW.com

Posted July 30th, 2008 in expert witnesses, news, trade marks by sally

“A judge has said that expert evidence in trade mark disputes is rarely likely to be relevant when it comes to deciding if a consumer will be confused by two supposedly similar marks.”

esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252

OUT-LAW.com, 30th July 2008

Source: www.out-law.com

esure Insurance Ltd v Direct Line Insurance plc – WLR Daily

Posted July 25th, 2008 in expert witnesses, law reports, trade marks by sally

“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”

WLR Daily, 24th July 2008

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06); [2008] WLR (D) 193

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

O2 Holdings Ltd and another v Hutchison 3G UK Ltd (Case C-533/06) – WLR Daily

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

“A registered trade mark proprietor (“proprietor”) could not rely on his trade mark rights to prevent the use of a sign similar or identical to his mark in a comparative advertisement if all the requirements for comparative advertising set out in Council Directive 84/450/EEC on comparative advertising, as amended, were satisfied, and, in particular, the use was not likely to give rise to confusion on the part of the public.”

WLR Daily, 16th June 2008

O2 Holdings Ltd and Another v Hutchison 3G UK Ltd

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

O2 Holdings Ltd and Another v Hutchison 3G UK Ltd – Times Law Reports

Posted June 17th, 2008 in advertising, EC law, law reports, trade marks by sally

Court of Justice of the European Communities

“The proprietor of a trademark was not entitled to prevent the use by a competitor of a sign identical or similar to his mark in a comparative advertisement, provided, inter alia, that there was no risk of confusion on the part of the public between the proprietor and the competitor or between their respective goods or services.”

The Times, 17th June 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

O2’s bubble bursts as it loses trademark case – The Times

Posted June 13th, 2008 in advertising, news, trade marks by sally

“O2, the British mobile operator, has lost its four-year battle with rival 3 over the use of its bubble trademark in a television advertisement.”

The Times, 12th June 2008

Acceleration of trade mark process is welcomed – OUT-LAW.com

Posted April 4th, 2008 in news, trade marks by sally

“A proposal to shorten the period during which trade mark applications can be opposed will make the Government’s separate new fast-track trade mark process more appealing, one expert has said.”

OUT-LAW.com, 3rd April, 2008

Source: www.out-law.com

Wordsworth’s village bakers fight over their gingerbread – The Observer

Posted March 25th, 2008 in food, news, trade marks by sally

“The tranquil village of Grasmere has long drawn visitors seeking out the serene Lakeland setting that inspired William Wordsworth. But the peace of this small community has been shattered as a battle rages over its most famous commodity, Grasmere Gingerbread.”

The Observer, 23rd March 2008

Source: http://observer.guardian.co.uk

Yahoo! wins sponsored links ruling in High Court – OUT-LAW.com

Posted March 9th, 2008 in advertising, internet, news, trade marks by sally

“Yahoo! did not infringe a businessman’s rights by displaying adverts for other companies when users entered his trade marks as search terms. The High Court dismissed a lawsuit against the web giant as being ‘totally without merit.'”

OUT-LAW.com, 6th March 2008

Source: www.out-law.com

Government consults on Trade Mark Rules – OUT-LAW.com

Posted March 5th, 2008 in news, trade marks by sally

“The Government wants to change the rules on the registering of trade marks to encourage more people to register marks. It has launched a consultation on the changes.”

OUT-LAW.com, 4th March 2008

Source: www.out-law.com

Mr Loophole patents his nickname – The Times

Posted February 7th, 2008 in legal profession, news, road traffic offences, trade marks by sally

“Nick Freeman, lawyer and hero to scores of terrible drivers, has trademarked his nickname to ensure that no one else can move in on his niche as the celebrity world’s ‘Mr Loophole’.”

The Times, 6th February 2008