Tag Archives: Trade mark infringement

UKSC judgment in Cartier – who pays for website blocking orders?

In a blow for rights-holders, the UK Supreme Court (UKSC) has today decided that ISPs should not bear the implementation costs for website blocking orders in Cartier International AG and others v British Telecommunications Plc and another [2018] UKSC 28.   … Continue reading

Comments Off on UKSC judgment in Cartier – who pays for website blocking orders?

Filed under Consumer, Copyright (and related rights), Designs and Databases, Media and Advertising, Trade marks, Passing off, Geographical indications, PDOs, UK

Targeting Online Risk

In our latest publication in our Future of Consumer series on issues facing the Consumer sector, we look at some of the online risks threatening businesses today. We examine the options available to tackle IP infringements online, such as the sale of … Continue reading

Comments Off on Targeting Online Risk

Filed under Consumer, Copyright (and related rights), Designs and Databases, EU, Innovation, AI, AR and VR, Media and Advertising, Trade marks, Passing off, Geographical indications, PDOs, UK

UK Government agrees elements of the European Commission’s proposals for post-Brexit protection of EU-wide IP rights in the UK in the latest draft of the Withdrawal Agreement

In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights … Continue reading

Comments Off on UK Government agrees elements of the European Commission’s proposals for post-Brexit protection of EU-wide IP rights in the UK in the latest draft of the Withdrawal Agreement

Filed under Agribio, Consumer, Copyright (and related rights), Designs and Databases, EU, IP licensing and transactions, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK

Innovation Disruption and Technology – the legal and commercial issues for your business

Drawing on our practitioners’ experience and understanding of the intellectual property and technology issues facing our clients in the fast changing world in which we all now do business, we made innovation and disruptive technology the key themes at our … Continue reading

Comments Off on Innovation Disruption and Technology – the legal and commercial issues for your business

Filed under Agribio, Confidential information and trade secrets, Consumer, Copyright (and related rights), Designs and Databases, EU, Innovation, AI, AR and VR, IP licensing and transactions, Media and Advertising, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK

“Two stripes are enough” – adidas succeeds in opposing competitor’s 2 stripe trade mark application on basis of its 3 stripe registration

The similarity between a two stripe design for shoes and adidas’ earlier trade mark for its renowned three stripe shoe, combined with adidas’ significant reputation in that mark, means that adidas can oppose the two stripe application for use on … Continue reading

Comments Off on “Two stripes are enough” – adidas succeeds in opposing competitor’s 2 stripe trade mark application on basis of its 3 stripe registration

Filed under Consumer, EU, Trade marks, Passing off, Geographical indications, PDOs, UK

12 key developments in trade mark law you might have missed in 2017

Missed any of the big trade mark developments from 2017?  Key developments include the Supreme Court finding that there is potential criminal liability for dealing in parallel imports under section 92(1) the Trade Marks Act 1994 and the Court of Appeal … Continue reading

Comments Off on 12 key developments in trade mark law you might have missed in 2017

Filed under Consumer, EU, Trade marks, Passing off, Geographical indications, PDOs, 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, Trade marks, Passing off, Geographical indications, PDOs, 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 Consumer, EU, Media and Advertising, Trade marks, Passing off, Geographical indications, PDOs, 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 Agribio, Confidential information and trade secrets, Consumer, Copyright (and related rights), Designs and Databases, Innovation, AI, AR and VR, Media and Advertising, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, 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 Consumer, EU, Trade marks, Passing off, Geographical indications, PDOs, UK