Refills allowed in ECJ trade mark ruling – Viking Gas v Kosan Gas, European...
The European Court of Justice (ECJ) has had to rule on a trade mark infringement case relating to bottles in which gas was supplied and refilled, following a referral from the Danish courts. The...
View ArticleRepackaged pharmaceutical products do not need to bear repackager’s name –...
Orifarm were parallel importers of Merck’s pharmaceutical products, importing products that had been legitimately put onto the market of another European Union Member State. Merck objected to the fact...
View ArticleModernising plans for IP in the UK announced
The Government has announced plans to modernise intellectual property laws in the UK based on the recommendations of the Hargreaves Report. The Government hopes that the changes will provide much...
View ArticleIntellectual Property Office makes its mind up and gives trade mark decision...
Three of the original members of Bucks Fizz, the 1981 Eurovision Song Contest winning group, have lost in an attempt to register the BUCKS FIZZ trade mark in the UK and to revoke someone else’s UK...
View ArticleHigh Court left to decide who smells of roses after ECJ gives judgment on...
Under the Trade Marks Directive, a proprietor of a registered trade mark can prevent third parties from using any sign identical to that mark in the course of trade, where that trade is identical to...
View ArticleConfusion between Gaga and Goo Goo results in injunction – Ate My Heart v...
Ate My Heart has succeeded in obtaining a High Court injunction to stop Mind Candy from promoting a song on YouTube and iTunes featuring the fictional character Lady Goo Goo. Ate My Heart was the...
View ArticleECJ says ban on Internet sales took selective distribution system outside of...
PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition...
View ArticleOHIM and European Union General Court should have considered whether wine...
Freixenet applied to register the features of a wine bottle as a European Community Trade Mark. In particular, it claimed the colour “golden matt” and described the trade mark as a “white polished...
View ArticleGovernment changes Olympics ambush marketing rules to ban adverts on human...
The Department of Culture, Media and Sport has listened to response in a consultation on its proposed London Olympic Games and Paralympic Games (Advertising and Trading) Regulations. Accordingly, it...
View ArticleUS website loses battle for passing off as reputation amongst UK users not...
The operator of a US dating website, Plentyoffish, opposed an application by Plenty More, a UK dating website, to register a figurative trade mark using the words “plenty more fish”. Plentyoffish...
View ArticleIPO gives Cadbury sweet victory by allowing it to register purple mark
The Intellectual Property Office (IPO) has allowed Cadbury, the chocolate manufacturer, to register a specific shade of purple as a UK trade mark for chocolate-based products. Cadbury’s application had...
View ArticleAngler shows folly as trade mark angles for a victory in trade mark...
Fox had a European Community Trade Mark for “STALKER” in respect of fishing equipment. Folly sold fishing equipment on the Internet under the name “STALKER” but replacing the “T” with a picture of an...
View ArticleMurky trade mark mess as German Merck takes action against Facebook for US...
Merck KGaA has applied for a court order to receive information from Facebook after the German drugs giant claims to have discovered that the social networking site had allegedly allowed its American...
View ArticleAdvertising laws for the Olympics come into force
The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011 have come into force to combat the exploitation of the Olympic and Paralympic brands in London in...
View ArticleCustoms officials cannot seize counterfeit goods that are merely in transit...
Counterfeit goods that are in the European Union purely because they are in transit between non-EU countries cannot be seized by customs authorities, according to a ruling of the European Court of...
View Article“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International)...
In February 2011, the High Court ruled that two European Community Trade Marks for the “32RED” word and a figurative trade mark comprising “32” and “red” had been infringed by “32Vegas” marks in...
View ArticleSpecsavers seeing better now after appeals against Asda upheld – Specsavers...
In 2010, the High Court was asked to consider whether a marketing campaign and rebranding by Asda in relation to its optician service infringed trade marks held by Specsavers. Many of Specsavers’...
View ArticleApple in trouble in China as Proview seeks to block iPad due to trade mark...
Apple is facing problems with its manufacturing base in China, as another business, Proview, is asking customs officials block Apple’s iPads that arrive or leave the country in a case surrounding...
View ArticleHigh Court issues ruling over ban on sale of foreign decoder cards – Football...
The High Court has given its ruling in relation to the use of foreign decoder cards in pubs following the guidance issued by the European Court of Justice (ECJ). Three test cases were brought by the...
View ArticleCalls for stronger international counterfeiting laws after fake Avastin drug...
There have been calls for stronger anti-counterfeiting laws after fakes of Roche’s Avastin cancer drugs have been found in the US. An investigation has revealed several different distributors involved...
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