Damages cap introduced for Patents County Court rulings on copyright and trade mark disputes – OUT-LAW.com

Posted October 4th, 2011 in copyright, damages, news, trade marks by tracey

“The Patents County Court (PCC) will be able to order damages payments of up to £500,000 for infringement of copyright and trade mark rights under a new law that came into effect on Saturday.”

Full story

OUT-LAW.com, 3rd October 2011

Source: www.out-law.com

Interflora Inc and another v Marks & Spencer plc (Case C-323/09) – WLR Daily

Posted September 28th, 2011 in advertising, EC law, internet, law reports, trade marks by sally

Interflora Inc and another v Marks & Spencer plc (Case C-323/09); [2011] WLR (D) 281

“Article 5(1)(a) of First Council Directive 89/104/EEC and article 9(1)(a) of Council Regulation (EC) No 40/94 on the Community trade mark was to be interpreted as meaning that the proprietor of a trade mark was entitled to prevent a competitor from advertising on the basis of a keyword which was identical with the trade mark and which had been selected in an internet referencing service by the competitor without the proprietor’s consent, where that use was liable to have an adverse effect on one of the functions of the trade mark. Article 5(2) of Directive 89/104 and article 9(1)(c) of Regulation No 40/94 was to be interpreted as meaning that the proprietor of a trade mark with a reputation was entitled to prevent a competitor from advertising on the basis of a keyword corresponding to that trade mark, which the competitor had, without the proprietor’s consent, selected in an internet referencing service, where the competitor thereby took unfair advantage of the distinctive character or repute of the trade mark (free-riding) or where the advertising was detrimental to that distinctive character (dilution) or to that repute (tarnishment).”

WLR Daily, 22nd September 2011

Source: www.iclr.co.uk

Budějovický Budvar, národní podnik v Anheuser-Busch Inc (Case C-482/09) – WLR Daily

Posted September 27th, 2011 in EC law, law reports, trade marks by sally

Budějovický Budvar, národní podnik v Anheuser-Busch Inc

“Acquiescence, within the meaning of article 9(1) of First Council Directive 89/104/EEC, was a concept of European Union law and the proprietor of an earlier trade mark could not be held to have acquiesced in the long and well-established honest use, of which he had long been aware, by a third party of a later trade mark which was identical with that of the proprietor if that proprietor was not in any position to oppose that use. Registration of the earlier trade mark in the member state concerned did not constitute a prerequisite for the running of the period of limitation in consequence of acquiescence prescribed in article 9(1).”

(Case C-482/09); [2011] WLR (D) 279

WLR Daily, 22nd September 2011

Source: www.iclr.co.uk

Original Bucks Fizz members lose trade mark battle over name – OUT-LAW.com

Posted September 7th, 2011 in news, performing arts, trade marks by sally

“The public would be likely to be confused if three original members of Bucks Fizz were allowed to register a trade mark that included the band’s name, the Intellectual Property Office (IPO) has ruled.”

Full story

OUT-LAW.com, 6th September 2011

Source: www.out-law.com

Bucks Fizz judge makes his mind up over ownership of name – The Guardian

Posted August 25th, 2011 in intellectual property, news, trade marks by sally

“The UK intellectual property office has been making its mind up which members of Bucks Fizz, the pop group which won the 1981 Eurovision song contest, are eligible to claim the name as their own.”

Full story

The Guardian, 24th August 2011

Source: www.guardian.co.uk

Money Saving Expert trade mark ‘sufficiently known in the market’ to be protected, says judge – OUT-LAW.com

Posted July 28th, 2011 in news, trade marks by tracey

“Consumer rights journalist Martin Lewis has won a High Court case protecting his ‘Money Saving Expert’ trade mark.”

Full story

OUT-LAW.com, 27th July 2011

Source: www.out-law.com

Online marketplaces liable for sellers’ infringement in ‘promoted’ sales, says ECJ – OUT-LAW.com

Posted July 12th, 2011 in EC law, internet, judgments, news, trade marks by tracey

“EBay and other online marketplaces will be liable for sellers’ trade mark infringements if they promote infringing sales or help sellers to ‘optimise’ their pages, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 12th July 2011

Source: www.out-law.com

War of the rose: Rival breweries fight legal battle – The Independent

Posted July 6th, 2011 in competition, news, trade marks by sally

“More than 700 years after the Plantagenet’s death, his floral emblem has become the subject of a struggle as lawyers representing two neighbouring Yorkshire brewers – one large, one small – square up in the High Court to argue their claims over the right to use the symbol in what has been dubbed the civil war of the rose.”

Full story

The Independent, 6th July 2011

Source: www.independent.co.uk

Gloucestershire Old Spots breeders win trademark case – BBC News

Posted June 9th, 2011 in animals, food, news, trade marks by tracey

“Breeders of Gloucestershire Old Spots pigs have won a trademark battle against a meat marketing company over the name of one of its products.”

Full story

BBC News, 9th June 2011

Source: www.bbc.co.uk

Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL – WLR Daily

Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL [2011] EWCA Civ 618; [2011] WLR (D) 173

“A person threatened another with proceedings for infringement of a registered trade mark within section 21 of the Trade Marks Act 1994 if he stated or implied that he would bring a claim if the other did not agree to the terms he proposed. The test to be applied was whether a reasonable recipient would understand the statements made to indicate nor merely an assertion of legal rights but an intention to enforce those rights.”

WLR Daily, 24th May 2011

Source: www.iclr.co.uk

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

Transport directory infringed Yellow Pages trade marks, court finds – OUT-LAW.com

Posted April 14th, 2011 in domain names, internet, news, trade marks by sally

“The use of ‘yellow pages’ in the domain www.transport-yellow-pages.com breached trade mark regulations, a court has ruled. A person finding the website in the UK could think it belonged to Yell, the England and Wales Patent County Court said.”

Full story

OUT-LAW.com, 14th April 2011

Source: www.out-law.com

Community trade mark court rulings should apply across the EU, ECJ rules – OUT-LAW.com

Posted April 14th, 2011 in EC law, judgments, news, trade marks by sally

“Rulings by Community trade mark courts should in most cases apply across the EU and not just in the country in which they were made, the European Court of Justice (ECJ) has said.”

Full story

OUT-LAW.com, 13th April 2011

Source: www.out-law.com

Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) – WLR Daily

Posted February 24th, 2011 in burden of proof, EC law, law reports, trade marks by sally

Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) (Case T-222/09); [2011] WLR (D) 53

“In opposition proceedings against registration of a trade mark pursuant to article 42 of Council Regulation (EC) No 40/94, the opposing party was not obliged to adduce evidence in support of the opposition. Whilst in relation to proceedings relating to relative grounds for refusal the Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs) could take into account facts which were likely to be known by anyone or which might be learned from generally accessible sources, it was not, however, entitled to exceed the conditions governing examination set out in article 74 of Regulation 40/94.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

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

Trademark law: bar is lowered for claims of infringement – The Guardian

Posted November 1st, 2010 in news, trade marks by sally

“The US doctrine of ‘initial interest confusion’ applies in England, a court has decided.”

Full story

The Guardian, 29th October 2010

Source: www.guardian.co.uk

High Court confirms ‘initial confusion’ as principle of EU trade mark law – OUT-LAW.com

Posted October 26th, 2010 in news, trade marks by sally

“Trade mark infringement can take place even if a buyer is only confused about one company appearing to be another at the very start of the purchasing process, the High Court has ruled.”

Full story

OUT-LAW.com, 26th October 2010

Source: www.out-law.com

Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others – WLR Daily

Posted October 26th, 2010 in law reports, trade marks by sally

Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others [2010] EWHC 2599 (Ch) ; [2010] WLR(D) 265

“Purely internal use of a trade mark by its proprietor was not ‘genuine use’ of that mark and that internal use was not ‘use’ of a mark as a trade mark at all. It was not use as part (or even preparatory to) a commercial communication with a third party.”

WLR Daily, 25th October 2010

Source: www.lawreports.co.uk

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

Court of Appeal questions brand owners’ rights to block parallel imports – OUT-LAW.com

Posted August 26th, 2010 in news, parallel imports, trade marks by sally

“Brand owners may have less power to prevent sales in Europe of goods intended for other markets after a ruling by England’s Court of Appeal this week. The judgment over the sale of Sun-branded disk drives is likely to be welcomed by independent resellers.”

Full story

OUT-LAW.com, 26th August 2010

Source: www.out-law.com

Google to allow trade marks as keywords across Europe – OUT-LAW.com

Posted August 4th, 2010 in advertising, internet, news, trade marks by sally

“Google will let companies use competitors’ trade marks as keywords to trigger search adverts in all European countries for the first time. The move will test the interpretation of a number of EU and national court rulings on the controversial practice.”

Full story

OUT-LAW.com, 4th August 2010

Source: www.out-law.com

L’Oréal SA and others v Bellure NV and others – WLR Daily

Posted May 25th, 2010 in advertising, appeals, law reports, trade marks by sally

L’Oréal SA and others v Bellure NV and others [2010] EWCA Civ 535; [2010] WLR (D) 134

“The effect of the ruling of the Court of Justice of the European in L’Oréal SA v Bellure NVs (Case C-487/07) [2010] Bus LR 303 was that the use of comparative lists, whereby traders of smell-alike perfume products cited, for marketing purposes, the products in the market to which their own products smelt similar, was unlawful.”

WLR Daily, 24th May 2010

Source: www.lawreports.co.uk

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

Man fined £26k over fake computer games – BBC News

“A man who sold fake computer games over the internet has been ordered to pay £26,405 following a proceeds of crime investigation.”

Full story

BBC News, 12th May 2010

Source: www.bbc.co.uk