Consumer products

EU Trade Mark reforms come into force – motion, hologram and multimedia marks can now be registered

A number of EU trade mark reforms came into force on 1 October 2017.  The key changes are: The graphical representation requirement has been abolished. In theory, it should now be easier to file non-traditional forms of marks at EU … Continue reading

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

New Unjustified Threats Regime in force from 1 October 2017

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

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Filed under 3D printing, Advertising, Agribio, Agribusiness, Consumer products, Copyright, Counterfeiting, Databases, Designs, Energy, Media, Passing Off, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK

“PORT CHARLOTTE” Whisky does not infringe the EU protected designation of origin (PDO) “PORTO” or “PORT” – Consideration needed urgently for protection of PDOs and GIs, UK and EU-wide, post-Brexit

The CJEU has confirmed that “Port Charlotte”, registered as an EU trade mark for whisky, does not evoke (infringe) the protected designation of origin (PDO) for “porto” or “port”. The decision will be significant for consumer products businesses as it … Continue reading

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

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

Commission paper on IPR post-Brexit highlights the importance of resolving key issues prior to withdrawal

The European Commission has published a “Position paper transmitted to EU27 on Intellectual property rights (including geographical indications)” (7 September 2017) which proposes that the (Brexit) Withdrawal Agreement should ensure that: The protection enjoyed in the United Kingdom on the basis … Continue reading

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Filed under Brexit, Consumer products, Databases, Designs, EU, Pharma, Technology, media & telecommunications, Trade marks & Passing-off, UK

Aldi encounters hiccup in the “Champagner Sorbet” CJEU reference

The use of the name “Champagner Sorbet” by the German supermarket chain Aldi for a sorbet dessert containing actual Champagne (12% by volume) was challenged by the Comite Interprofessionel du Vin de Champagne (trade association for Champagne houses) as unapproved (infringing) … Continue reading

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Filed under Advertising, Consumer products, EU, PDOs

Luxury brands may be able to limit to the types of on-line sales platforms used by their distributors if AG’s Opinion is followed by CJEU

Brand reputation is intimately connected with the manner and context in which products are purchased, so the Opinion of the Advocate General of the CJEU in the Coty (C‑230/16) reference (issued on 26 July 2017) will be welcomed by luxury … Continue reading

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Filed under Advertising, Consumer products, EU, Technology, media & telecommunications, Trade marks & Passing-off, Transactions, UK

BitTorrents join unlawful streaming and unlawful downloads as infringements of copyright

Following on from its recent decision in Filmspeler, the CJEU has handed down its judgment in Stichting Brein v Ziggo, C-610/15 (The Pirate Bay), concluding that operators of the online sharing platforms are making a 'communication to the public' within … Continue reading

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Filed under Consumer products, Copyright, EU, Media, Technology, media & telecommunications, 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

See our updated posting on the new Intellectual Property (Unjustified Threats) Act 2017 published on 28 September 2017 in anticipation of the Act coming into force on 1 October 2017 here.      

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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