Moving images are being trademarked in Britain for first time in 140 year history – Daily Telegraph

Posted July 2nd, 2019 in artistic works, intellectual property, internet, news, trade marks by sally

‘For more than 140 years, businesses, brands and even pop bands have put pen to paper in the hope of creating a distinctive trade mark that captures the public’s imagination.’

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Daily Telegraph, 29th June 2019


BBC accused of breaching trademarked ‘Slay in Your Lane’ book title in #ChangeTheSport campaign – Daily Telegraph

Posted May 29th, 2019 in BBC, news, plagiarism, trade marks by tracey

‘An author has criticised the BBC for plagiarising her trademarked book title, saying that securing legal rights “won’t actually stop white women or big organisations ripping you off”. Yomi Adegoke wrote Slay in Your Lane alongside Elizabeth Uviebinene, which they describe as a “black women’s bible”, and trademarked the term when the book was released.’

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Daily Telegraph, 28th May 2019


Trade Marks: APT Training and Consultancy Ltd. and another v Birmingham & Solihull Mental Health NHS Trust – NIPC Law

Posted April 23rd, 2019 in education, mental health, news, trade marks by sally

‘This was a very interesting case for two reasons. First, the claim was for the infringement of the claimant’s British and European Union trade marks for educational services, training, seminars and the like relating to psychology by providing mental health care in its hospitals and training in its use under an acronym that was the same as those registered marks. Secondly, the trial of the action took place outside London the first time in the history of the Intellectual Property Enterprise Court (“IPEC”).’

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NIPC Law, 21st April 2019


Reforms to UK trade mark laws take effect –

Posted January 15th, 2019 in news, regulations, trade marks by tracey

‘Businesses should note changes made to UK trade mark laws that came into effect on Monday, an expert has said.’

Full Story, 14th January 2019


UK government publishes guidance to support new trade mark laws –

Posted October 5th, 2018 in brexit, documents, EC law, intellectual property, news, time limits, trade marks by tracey

‘The UK government has published documents designed to support the implementation of new trade mark laws, which come into force next year.’

Full Story, 4th October 2018


What happens to trade marks and designs if there’s a no-deal Brexit? – Technology Law Update

Posted September 26th, 2018 in brexit, EC law, news, trade marks by sally

‘The UK Government has published a notice about what will happen in relation to EU trade marks and designs if there is NO DEAL. The Government still regards NO DEAL as unlikely, but there is plenty of political uncertainty in the UK just now.’

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Technology Law Update, 25th September 2018


Kit Kat case: Time for a break in trademark row? – BBC News

Posted July 25th, 2018 in food, news, trade marks by tracey

‘When is a Kit Kat not a Kit Kat? If it’s a four-fingered wafer covered in chocolate, the Kit Kat people would tell you they own that design. Spare a thought, then, for identical treats like Norway’s Kvikk Lunsj – pronounced “quick lunch” – which has been around for 80 years. Nestlé has tried to trademark the chocolate bar’s three-dimensional shape for more than a decade, which rival Cadbury has fought hard against. The European Court of Justice is due to hand down judgement on Wednesday, which could end Kit Kat’s protected European status and a saga that has proved expensive for both sides.’

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BBC News, 25th July 2018


New UK trade mark laws finalised –

Posted July 13th, 2018 in news, trade marks by tracey

‘New UK trade mark laws have been finalised, although they will not take effect until early next year.’

Full Story, 13th July 2018


Brexit: trade marks and designs – 10 things to know –

Posted July 12th, 2018 in agreements, brexit, EC law, intellectual property, news, trade marks, treaties by sally

‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’

Full Story, 11th July 2018


Nestlé’s KitKat dealt blow in trademark battle as EU adviser says it is not distinctive enough – Daily Telegraph

Posted April 20th, 2018 in EC law, food, news, trade marks by sally

‘KitKat faces the loss of EU trade mark protection for its four-fingered chocolate bar, after a senior adviser to the European Court of Justice said the shape was not recognised by customers in enough countries.’

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Daily Telegraph, 19th April 2018


UK to allow ‘moving image’ trade marks –

Posted February 21st, 2018 in news, trade marks by tracey

‘Businesses will be able to register trade marks for moving images under changes proposed to UK law.’

Full Story, 21st February 2018


Unconventional trade marks are coming to an IP office near you – Technology Law Update

Posted February 2nd, 2018 in EC law, news, trade marks by sally

‘Changes to EU trade mark law are introducing new-style trade marks like motion marks, audiovisual files and holograms. The old requirement to represent all marks graphically (written words, drawings etc) is on its way out, although of course basic lettering and graphical images still remain relevant for word and logo marks.’

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Technology Law Update, 1st February 2018


Supreme Court begins to hear arguments regarding website blocking for trade mark infringements –

Posted January 31st, 2018 in internet, news, Supreme Court, trade marks by sally

‘A case before the UK’s Supreme Court is set to provide guidance on whether and to what extent internet service providers (ISPs) will be expected to pick up the cost of blocking customers’ access to websites that facilitate the sale of fake goods, an intellectual property law expert has said.’

Full Story, 30th January 2018


Caspian Pizza Appeal – Caspian Pizza Ltd and Others v Shah and Another – NIPC Law

Posted December 13th, 2017 in food, news, trade marks, trade names by sally

‘In Caspian Pizza Ltd and Others v Shah and Another [2015] EWHC 3567 (IPEC) (9 Dec 2015) Judge Hacon dismissed a claim for trade mark infringement and passing off. The trade marks relied upon were the device mark that appears above and the word mark CASPIAN. The judge declared the word mark invalid because the defendants had run a restaurant called “CASPIAN” in another part of the country which constituted an “earlier right” within the meaning of s.5 (4) of the Trade Marks Act 1994. However, he did not declare the device mark invalid on the ground that the defendants had no goodwill in the running chef logo. I blogged about the case in Caspian Pizza Ltd and Others v Shah and Another on 24 Jan 2016.’

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NIPC Law, 12th December 2017


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


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


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

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.’

Full Story, 3rd August 2017


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


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


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

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.’

Full story, 23rd May 2017