Tag Archives: Trade mark infringement

Exhaustion, economic links and “unitary control” – the AG’s opinion in the Schweppes trade mark reference

Trade mark rights may still be exhausted even if goods are imported bearing identical trade marks (having been applied in another EU Member State (MS) by a separate entity) where, given the economic links between the trade mark holder and the … Continue reading

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Filed under Brexit, Consumer products, EU, Trade marks & Passing-off, UK

Striking a balance on parallel imports

In an article published in the latest edition of CITMA Review, Joel Smith and Emily Bottle comment on the Court of Appeal’s recent judgment in Flynn Pharma Ltd v DrugsRus Ltd [2017] EWCA Civ 226. This case examined how a … Continue reading

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Filed under EU, Pharma, Trade marks & Passing-off, UK

Court of Appeal foils Kit Kat on acquired distinctiveness

In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's appeal in Société des Produits Nestlé v Cadbury UK Ltd … Continue reading

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Filed under Consumer products, Trade marks & Passing-off, UK

More flexibility to threaten IP proceedings in the UK under new Unjustified Threats legislation

Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a right to bring an action against the threatener by any person aggrieved by the threat, who may not necessarily … Continue reading

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Filed under Advertising, Agribio, Agribusiness, Consumer products, Copyright, Databases, Designs, Energy, Media, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK

3D Printing and IP – Herbert Smith Freehills publishes Practice Note on 3D printing published by Practical Law IP&IT

Our Practice Note on 3D printing published by Practical Law here: https://uk.practicallaw.thomsonreuters.com/Document/I3466c5d71a1711e798dc8b09b4f043e0/View/FullText.html?transitionType=SearchItem&contextData=(sc.Search)&firstPage=true&bhcp=1 provides an overview of the 3D printing industry and highlights the challenges for intellectual property (IP) rights-holders when seeking to enforce their rights if they are infringed by 3D … Continue reading

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Filed under 3D printing, Consumer products, Copyright, Counterfeiting, Designs, Licensing, Patents, Technology, media & telecommunications, Trade marks & Passing-off, Trade secrets, UK, Uncategorized

Practice note for Practical Law IP&IT on Protecting Brands via Intermediaries

Our Practice Note commissioned by Practical Law IP&IT is a guide to the options available to brand owners when seeking to enforce their rights against intermediaries, such as ISPs, including website-blocking injunctions, take-down notices and domain-name seizures. Read the note … Continue reading

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Filed under Advertising, Consumer products, Copyright, Counterfeiting, Trade marks & Passing-off, UK