“It was a battle that pitted a dental practice in the suburbs of Cheltenham against the might of a global fashion corporation – all because of the grinning crocodile on the surgery’s sign. And the dentists have won. For the second time in a year, a trademark judge has overruled the objections of the French clothing giant Lacoste to the crocodile symbol that adorns a private dentist’s surgery in Gloucestershire.”
The Times, 3rd January 2008
Kitfix Swallow Group Ltd v Great Gizmos Ltd
“Where English trademark proceedings, in which there was a counterclaim for revocation, were running concurrently with validity proceedings in the Office for the Harmonisation in the Internal Market, there was no presumption that the English proceedings would be stayed.”
The Times, 19th December 2007
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Trademark law changed yesterday morning. Given the importance of brands these days, this development could be very significant. Edward Fennell reports.”
The Times, 2nd October 2007
“The Gowers Report on Intellectual Property recommended that the UK Intellectual Property Office provide new accelerated services for processing patent and trade mark applications. We have considered these recommendations and are now consulting on proposed new fast track services for patents and trade marks, both of which will be available to all applicants upon payment of a fee.”
Consultation Document (pdf and Word)
UK Intellectual Property Office, 21st September 2007
“The UK Intellectual Property Office will be offering advice and practical help on forthcoming changes to the Trade Marks Act in a series of events being held around the country this September.”
OUT-LAW.com, 22nd August 2007
Comparative advertisements must not be misleading
Boehringer Ingelheim Ltd and Others v Vetplus Ltd
Court of Appeal
“No interim injunction would issue to inhibit comparative advertising, whereby one trader promoted his goods over those of a rival, unless the claimant could show the advertising was misleading and he would probably win a permanent injunction at trial.”
The Times, 27th June 2007
Please note the Times Law Reports are only availble free on Times Online for 21 days from the date of publication.
Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd.  EWCA Civ 584
“Where a trader sought to publish in comparative advertising the results of tests of a rival trader’s product, an important issue of freedom of expression was engaged, even though the comparative advertising would be aimed at diverting trade from one trader to another; and therefore the court would not grant an interim injunction to prevent such publication unless the court was satisfied that the applicant would succeed at trial in obtaining a final injunction.”
WLR Daily, 20th June 2007
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.