Consumer products

CJEU RULING IN COTY – GREATER ONLINE PROTECTION FOR LUXURY GOODS SUPPLIERS

In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through … Continue reading

Comments Off on CJEU RULING IN COTY – GREATER ONLINE PROTECTION FOR LUXURY GOODS SUPPLIERS

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

UK Court of Appeal rules on validity of trade mark in light of prior existing localised goodwill

Summary The UK Court of Appeal in Caspian v Shah considered whether a trade mark could be invalidated on the grounds of prior existing third party goodwill in a confined geographical area. On 23 November 2017, the Court of Appeal … Continue reading

Comments Off on UK Court of Appeal rules on validity of trade mark in light of prior existing localised goodwill

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

UK HIGH COURT RULES ON COPYRIGHT PROTECTION OF TV FORMATS FOR GAME SHOWS

Summary The High Court of England and Wales decided on 19 October 2017 that a particular television format document did not qualify for copyright protection as a dramatic work as its contents were unclear and lacking in specifics. Copyright protection … Continue reading

Comments Off on UK HIGH COURT RULES ON COPYRIGHT PROTECTION OF TV FORMATS FOR GAME SHOWS

Filed under Consumer products, Copyright, Format rights, Passing Off, Technology, media & telecommunications, UK

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

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

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

Comments Off on New Unjustified Threats Regime in force from 1 October 2017

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, Threats, 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

Comments Off on “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

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

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

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

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

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

Comments Off on Aldi encounters hiccup in the “Champagner Sorbet” CJEU reference

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

Comments Off on 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

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