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Trade Marks Part 2 Geographical places

Written by Michael Coyle on 17 October 2014

I want to register Savile Row as a trade mark? Geographical names may be registrable as trade marks if they do not indicate a geographic origin of the goods or services so marked (such as the place of manufacture, production or design of the product).
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Ronaldo in trade mark dispute

Written by Rehana Ali on 05 August 2014

World famous football star Cristiano Ronaldo has entered into a legal battle in the US regarding his proposed use of the ‘CR7’ trade mark.
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Victoria Secret infringes Pink's Pink

Written by Michael Coyle on 02 August 2014

Its another interesting Judgment from Mr Justice Birss, in Thomas Pink Ltd v Victoria's Secret UK Ltd [2014] EWHC 2631 (Ch), in the Chancery Division of the High Court, England and Wales (doubling as the Community Trade Mark Court). Its 217 pages but Mr Birss found that the confusion between a shirt-maker with mass-market goods and underwear, would cause detriment to the repute of the shirt's brand..... “For example consumers are likely to enter one of the claimant’s shops looking for lingerie and be surprised and disappointed when they find they have made a mistake”. His Lordship....
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Glee for Glee Club. Glum for Glee show.

Written by Michael Coyle on 18 July 2014

Earlier in the year the US television show Glee was held to have lost a trade mark dispute with a night club in Birmingham The Glee Club. This week the same Judge (pending an appeal) ordered the TV show to change its name and awarded £100, 000 on account of costs.
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Lindsay Lohan sues Grand Theft

Written by Michael Coyle on 05 July 2014

4th July news. Lindsay Lohan sues Grand Theft Auto. Lindsay Lohan this week filed a right of publicity suit against the makers of the Grand Theft Auto video game in the New York Supreme Court.
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Sorry Luis 'Bite me' is registered

Written by Michael Coyle on 25 June 2014

After last night's fun Luis Suarez woke to the news that 'Bite me' is a registered trade mark as is 'Jaws' and Suarez. So whilst Luis chills from the stands for the next 20 years he needs to come up with a new brand. Any takers?
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Pomegranates - not legal!

Written by Khadija Cheema, an under-graduate student of Law on 23 June 2014

US Supreme Court ruling on the mis-labelling and trade mark law case involving POM Wonderful and Coca Cola Company
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A guide to Intellectual Property

Written by Izaz Ali on 21 May 2014

Intellectual Property (or "IP") is the term used to cover "intangible assets", therefore, something owned by an individual or company that does not have a fixed physical form; with the exception of a description or image on paper. The term IP covers a wide range of aspects, including: · Inventions; · trade marks; · brand names; · logos, art and designs; · music, software codes; · confidential information and trade secrets.
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Selling a trade mark

Written by Michael Coyle on 25 April 2014

If you are selling a business or simply moving the trade marks to another company within your group of companies it is important to deal with any assignments that may need to be completed.
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How to cancel a trade mark. Part 2

Written by Michael Coyle on 15 April 2014

More on trade marks and the rights of cancellation. In order to apply for a declaration of invalidity on absolute grounds, any natural or legal person can apply to invalidate a trade mark.
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How to cancel a trade mark

Written by Michael Coyle on 12 April 2014

Yipppee!!!! "I have a trade mark is it now completely safe and secure?" Well no, it can be attacked in a number of ways. Read on.................
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Passing off- Evidence Required

Written by Michael Coyle on 08 March 2014

In intellectual property law its useful to classify the available rights in to two categories. Registered rights and unregistered rights. Registered rights include patents, trade marks and registered designs. Unregistered rights include copyrights, designs, and goodwill/reputation. But how do you prove the latter?
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Pinterest in the scrap book? The Trade Mark Dispute

Written by Saowanee Kristin on 28 February 2014

Pinterest was the world’s largest growing social media site in 2013, topping 70 million active users, according to statistics from Search Engine Watch. Naturally, Pinterest has taken steps to protect their brand and intellectual property and engaged in a trade mark dispute with company Premium Interest who attempted to register a trade mark with the same name.
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Kaiser Thiefs

Written by Michael Coyle on 27 February 2014

The 21st equivalent of the Monkees have been accused of copyright infringement. It concerns the cover of their latest album.
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REGISTRA IL TUO MARCHIO IN ITALIA!

Written by Michael Coyle on 25 February 2014

La registrazione protegge il marchio nell'intero territorio italiano e nello Stato di San Marino e può essere riconosciuta nella Città del Vaticano. Tutti i segni (parole, figure o forme) rappresentabili graficamente se rispondenti ai requisiti di novità, distintivita' e novita' sono marchi registrabili. Sono registrabili anche i suoni rappresentati graficamente, le combinazioni di colori e le tonalità di colore.
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The Absolute and Relative Grounds for Refusal

Written by Rehana Ali on 14 February 2014

Trade Mark legislation lays down a number of rules and conditions that must be satisfied before a trade mark may be registered, If you’re considering registering a trade mark it is important that you are aware of the absolute and relative grounds for refusal as detailed in sections 3 and 5 of the Trade Marks Act 1994.
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Defences to an action for Trade Mark Infringement

Written by Rehana Ali on 14 February 2014

The Trade Marks Act 1994 provides for a number of defences in response to an action for trade mark infringement, the following article provides an insight into the types of defence that may be available to a potential defendant.
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Red Bull v Bull Dog

Written by Rehana Ali on 07 February 2014

If a party is accused to have taken advantage of the repute or distinctive character of another trade mark, the party having taken that advantage will only be in trouble according to European legislation if he does not have ‘due cause’ to do so. Confused?... the following assists in clarifying the position.
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New Powers for the UK Border Force

Written by Michael Coyle on 07 February 2014

How to enforce the IP which you have spent a small fortune in securing is one of the hardest things to do in protecting your creative assets. In the UK, our border agency derives its powers from the Council Regulation (EU) 608/2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003...........read on...
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Spotify and Forgotify

Written by Michael Coyle on 01 February 2014

Having 4 million unheard tracks according to the founders of Forgotify is a "a musical travesty". But is it Trade Mark infringement? Er...... no.
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The Premier league and Trade Marks

Written by Michael Coyle on 01 February 2014

The Premier League and Trade Marks Yesterday’s transfer inactivity still amounted to some spending of £130m in January, up £10m from last year. So whilst Sky’s Jim White tried to break the sound barrier over United’s Tom Lawrence’s loan deal to Yeovil and yes for three months! the rest of us just wondered whatever happened to the beautiful game.
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Survey evidence in a trade mark dispute

Written by Saowanee Kristin, a post- graduate student on work experience at Lawdit on 31 January 2014

In other jurisdictions it is common place for survey evidence to be admissible in trade mark disputes; however this is not always the case in the UK. Judges need to be persuaded that the evidence will be worthwhile before they will sanction them. This article looks at the benefits and disadvantages of using survey evidence in a trade mark dispute.
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Jensen v Healey

Written by Michael Coyle on 31 January 2014

Fighting over a trade mark can be quite an exhausting task. Especially so if its an iconic bran dear to many. The Jensen trade mark is an excellent case in point....
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James Bond was a drunk

Written by Michael Coyle on 14 December 2013

James Bond was a drunk. Bond has his reputation, his looks, his trade marks and catchphrases, his books and films are circulated throughout the world. However Bond is a piss head, an alchie, an old soap and probably a large dose of viagra would not even help the great man rise to the level we are used to. He was that wasted most of the time.
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Comparative Advertising latest developments

Written by Tom Mould, an under-graduate student of Law on 12 December 2013

Aldi in Ireland has entered a legal battle with Dunnes Stores over a comparative advertising campaign involving trade mark infringement and misleading commercial practices.
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Profanities in trade marks

Written by Aasim Durrani on 03 December 2013

A look at several notable cases where applicants have sought to register profanities as part of a trade mark.
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I Need to Register my Mark

Written by Rehana Ali on 24 November 2013

Thinking of registering a trade mark? There are a number of key considerations you must bear in mind. This article provides an insight into the requirements under the Trade Marks Act 1994 and gives practical guidance on the steps that should be taken to avoid your proposed trade mark being opposed by an earlier rights holder.
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Starbucks CTM Declared Invalid

Written by Rehana Ali on 19 November 2013

Starbucks HK Ltd lost an appeal this month against a decision dismissing its action for passing off and trade mark infringement for the CTM ‘NOW’, they also lost an appeal against the granting of a counterclaim to the media company Sky Broadcasting Group for invalidity of their CTM.
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Trade marks and infringement

Written by Michael Coyle on 16 November 2013

I have a trade mark, it is being infringed, what is the law? The legislation UK trade mark law can be found in the Trade Marks Act 1994 (‘TMA’) and in the Community Trade Marks Regulations (‘CMTR’). The law in relation to infringement is contained in ss 9 and 10 of the Trade Marks Act 1994 ('TMA 1994') for UK trade marks and in Art 9 of the Community Trade Marks Regulations ('CMTR') for CTMs.
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Animals fall out over trade mark

Written by Michael Coyle on 15 November 2013

The Animals' fall out over name and goodwill. Eric Burdon the lead singer and front of the animals challenges UKIPO's decision and wins! There is a house in New Orleans They call the Rising Sun And it's been the ruin of many a poor boy And God, I know I'm one Its a world famous song. Sold millions upon millions http://www.youtube.com/watch?v=5A-4VGfx5lU but sadly there has been a dispute over the rights to the name of the band.
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Take the fast track for Trade Mark Oppositions

Written by Rehana Ali on 15 November 2013

A new trade mark opposition procedure was launched by the UKIPO last month in response to concerns that SME’s are deterred from issuing proceedings, due to the cost and administrative burden of filing an opposition.
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Scrabble Trade Mark Revoked

Written by Rehana Ali on 08 November 2013

Many of you may be familiar with the popular board game Scrabble, unfortunately for the UK owners the registration of the tile mark was revoked and last month an appeal against the revocation was rejected.
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Lonsdale Sports Ltd v Erol 2013: High Court Allows Appeal

Written by Rehana Ali on 31 October 2013

Lonsdale have been successful in their appeal against a mark they considered would take unfair advantage of, or be detrimental to, the distinctive character or repute of the Londsdale marks pursuant to section 5(3) of the Trade Marks Act 1994.
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Monopoly in an -onopoly, at least for games

Written by Michael Coyle on 30 October 2013

This week had a couple of interesting appeal's to the Appointed Person. One of which concerned the mark Galatopoly. The Appellant sought to appeal a previous decision based on a successful opposition by Hasbro owners of Monopoly. Bottom line is don't choose -opoly for a game when Monopoly is watching. They have a monopoly on Monopoly. See Case O-382-13
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Davidoff: Trade Mark Infringers Beware…

Written by Rehana Ali on 29 October 2013

Unfortunately for successful trade mark owners, counterfeiters regularly attempt to gain commercial advantage by selling imitation or fake goods bearing the successful mark. The issuing of trade mark infringement proceedings is the usual response by the registered trade mark owners in order to gain some form of legal redress. The German Federal Court of Justice (GFCJ) has recently referred an interesting case based on trade mark infringement to the Court of Justice in the European Union (CJEU).
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Starbucks trade mark Duffin

Written by Michael Coyle on 20 October 2013

A trade mark once registered in the territory you are seeking to protect grants the owner a monopoly ie you are the only one entitled to use it to the exclusion of anyone else. So eyebrows were raised this month when Starbuck registered Duffin as a trade mark. It upset a few people not least the creator of the Duffin, which is what you get when you cross a muffin in the shape of a coffin.....no not really. Its a donut/muffin thingy.
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Dr Marten to put the boot in

Written by Michael Coyle on 20 October 2013

Dr Marten the world renowned owner of the Doc Marten boot has launched litigation in the US for infringement of its trade mark.
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When is an expert an expert?

Written by Michael Coyle on 13 October 2013

International superstar Rihanna was back in court this week as the High Court has ruled on whether evidence brought in her case for passing off against Topshop was trade or expert evidence. Rule 35.4(1) of the Civil Procedure Rules. The case is Fendy and others v Arcadia Group Brands Ltd (t/a Topshop) [2013] EWHC 1945 (Ch), 5 July 2013
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‘Mafiozo’ wine dispute

Written by Rehana Ali on 11 October 2013

An Italian consumer was recently outraged at the use of the term 'Mafiozo' (similar to 'Mafia') as a trade mark on a bottle of wine.
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ASOS in a Trade Mark Dispute with ASSOS

Written by Saowanee Kristin on 09 October 2013

Online fashion giant ASOS, an acronym of ‘As Seen On Screen’, captures trends from celebrities and markets a mixture of their own affordable brand alongside designer labels from around the globe succeeds against specialist cyclist retailer ASSOS in a trade mark dispute.
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Colour Purple. Cadbury loses appeal

Written by Mchael Coyle on 04 October 2013

The Colour Purple- Cadbury loses appeal. So there are various types of trade marks that can be protected, word, word logo, shapes etc. You can even protect a smell or a colour. But its not so easy.
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Types of Trade Marks

Written by Rehana Ali on 03 October 2013

Trade marks may come in many shapes and forms, providing that they meet the crucial requirement of graphic representation. This article looks at the differing types of trade marks that are capable of registration.
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Revocation of Trade Marks

Written by Rehana Ali on 27 September 2013

On overview on the grounds for an application for revocation of a trade mark registration, with a sample case of an unsuccessful revocation application.
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'Monte Carlo' Trade Mark Infringement/Invalidity

Written by Rehana Ali on 20 September 2013

Societe Anonyme des Bains de Mer et du Cercle des Etrangers a Monaco v Anglofile International Ltd (t/a Monte Carlo Casino Entertainment) 11 Sept 2013 In this very recent case the claimant made a claim against the defendant, inter alia for trade mark infringement, the defendant in response counter claimed for invalidity of the claimant’s trade marks.
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Golden Balls wins trade mark dispute

Written by Michael Coyle on 20 September 2013

The owners of the Golden Balls trade mark refused to give up their claims to the trade mark despite a six year legal battle and many thousands of pounds. Businessman Gus Bodur, 50, and his wife Inez, 49, have been in these last 6 years defending the right to use Golden Balls against the FIFA Ballon d'Or - a globally recognised Oscar type trophy thingy for the world's best footballer. FIFA claimed -( btw FIFA has pots of money - note the Quatar world cup nonsense) trade mark infringement.
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Trade Marks Act 1994 Confusion = Refusal?

Written by Rehana Ali on 13 September 2013

An application for Trade Mark registration may be refused if there is the possibility that the proposed mark may cause confusion amongst consumers with a mark that has already been registered. Such a scenario took place in Skype v British Sky Broadcasting Group PLC.
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Trade mark infringment and Victoria Secret

Written by Michael Coyle on 08 August 2013

Thomas Pink, the well known UK clothing brand has been using its trade mark 'Pink' since 1984. It has launched an action for trade mark infringement against Victoria’s Secret for trade mark infringement because it uses its own brand “PINK” for lingerie products, and which it says is confusing for consumers.
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Sky v Microsoft

Written by Rehana Ali on 19 July 2013

Sky recently brought an action for Passing off and Trade mark infringement against Microsoft's Skydrive service.
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Registering a trade mark in Italy

Written by Michael Coyle on 05 July 2013

It is important that you protect your brand in the goods and services you are offering for sale and in the correct country. In Italy the registration of a trade mark grants you exclusive rights in the trade mark throughout the entire Italian territory including the State of San Marino and the Vatican City. All forms of signs (ie word, device or shape) are capable of acting as a trade mark provided they can be graphically represented and fulfil the requirements of trade mark law in that they are amongst other things distinctive.
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Microsoft set to appeal High Court ruling

Written by Aneela Akbar on 04 July 2013

Microsoft intend to appeal a High Court ruling by Mrs Justice Asplin in which she ruled that Microsoft infringed Sky International's trade mark 'Sky' by marketing one of its products as SkyDrive. She also ruled that Microsoft was liable for passing off its SkyDrive product as Sky Internationals.
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Siekmann, does this really mean smells cannot be trademarked?

Written by Tom Mould Work Experience June 2013 on 13 June 2013

Analysis of case law on whether a smell may be registered as a Trade Mark. The need for the mark to be represented graphically is a fundamental principle and pre-requisite of the registration process of a trade mark, article discusses the difficulties faced in registering smells as trade marks.
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Trade Marks and Adwords

Written by Michael Coyle on 25 May 2013

Marks & Spencer did infringe Interflora's trade marks when using Interflora in adwords without Interflora's consent. All Trade Mark Solicitors and Barristers welcome this decision finally! A full transcript of the decision can be read here http://www.bailii.org/ew/cases/EWHC/Ch/2013/1291.html
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EU Trade Mark Application Structure Set to Change

Written by By Samuel Martin - Work Experience on 29 April 2013

The EU Trade Mark application structure may change by the end of 2013. The structure will give businesses the option to apply to register a trade mark in one single class rather than a minimum of three classes.
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Curb Your Enthusiasm

Written by Michael Coyle on 17 April 2013

http://www.bailii.org/ew/cases/EWHC/Ch/2013/109.html Mr Justice Peter Smith has this week released his decision concerning the trade mark dispute in the Chancery Division, between the TV channel name DISCOVERY HISTORY and THE HISTORY CHANNEL.
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Getty Images to Appeal photos.com Decision

Written by Aasim Durrani on 16 April 2013

Getty Images is to appeal to the General Court against OHIM's decision to refuse registration of photos.com as a trade mark on the basis that it lacks the requisite level of distinctiveness.
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'Carbon Green' Trade Mark Rejected

Written by Aasim Durrani on 16 April 2013

The General Court has upheld the decision to reject the registration of 'Carbon Green' as a trade mark on the basis that is is descriptive and not distinctive enough to meet the legal threshold for registration.
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Do I Really Need a Trade Mark?

Written by Aasim Durrani on 15 April 2013

A good trade mark does more than simply meet the legal threshold for registration; it forms part of a business' growth strategy.
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Cheaper and Faster EU Trade Mark Registration in 2014

Written by Samuel Martin on 09 April 2013

Proposed changes to EU Trade Marks by 2014. Reform of EU Trade Mark registration procedure and the potential benefits to UK businesses, particularly small to medium sized businesses. Trade mark registration to become faster and cheaper and more specific to businesses needs.
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Online Trade Marks

Written by Rehana Ali on 17 December 2012

The case of Getty Images (US) Inc. V OHIM the General Court of the Court of Justice of the European Union (CJEU) illustrates that the use of domain name does not necessarily constitute use of a trade mark.
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An excellent case for all photographers

27 January 2012

The excellent Patents County Court (PCC) held this month that the defendants' image infringed the claimant's copyright in its photograph consisting of a red London bus travelling across Westminster Bridge, with a black and white background.
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Once upon a time in Trade Mark Law....

Written by Jean-Michel Omanga on 11 February 2011

Neuschwanstein is a German castle widely known worldwide. There is a trade mark quarrel about the castle. The quarrel is between the Bavarian Castle Department and the German Federal association Bundesverband Souvenir Geschenke Ehrenpreise e. V. (BSGE).
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The Onel vs Omel trade mark dispute

Written by Jean-Michel Omanga on 14 December 2010

Halgelkruis Beheer BV applied to register the word sign OMEL at the Benelux Office for Intellectual Property for goods and services (BOIP). Halgelkruis planned to use the trade mark OMEL in Scandinavian countries. Leno Merken B. V. was the proprietor of an earlier CTM, ONEL registered for goods and services. Leno Merken had operated as a firm for over 40 years only in the Netherlands, offering its services under the trade mark ONEL.
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Asics v Skechers

Written by Lawdit Solicitors on 21 June 2010

It has been reported this week that a claim for trade mark infringement has been brought by Asics America Corp against Skechers USA Inc.
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IPO Announces New Online Service

Written by Ben Evans on 21 June 2007

The UK Intellectual Property Office (UK-IPO) announced this morning (18/06) that it will be providing a new free patents publication service on its website, allowing users to view and download patents on the day of their publication.
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Enforcement of IP Rights

Written by Husna Bano on 16 April 2007

The exploitation of the IP system as an important and powerful tool for wealth creation and poverty reduction is at the centre of the vision and strategy of WIPO.
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Search Engines in US

Written by Husna Bano on 13 April 2007

The US state of Utah has outlawed the use of other people's trade marks to generate business through search engines. The plan has been called unconstitutional and impractical.
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Mattel Loses Trade Mark Battle with 'Barbie'!

Written by Daniel Doherty on 25 July 2005

Mattel has recently lost a legal battle over the name ‘Barbies (sic) Shop’, a shop which sellsCanadian leather, rubber and fetish wear. The shop is run by a woman who says that she has always been known by the name ‘Barbie’. This adds to a chain of trade mark infringement cases the toymaker has lost recently.
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FAQs Trade Marks

Written by Michael Coyle on 24 December 2003

Frequantly Asked Questions: Trade Marks and Related Issues. Contents 1.What is intellectual property? 2.How do patents, trademarks, designs and copyright differ from each other? 3.What are patents? 4.What are trade marks? 5.What are common law rights in trademarks? 6.What are designs? 7.What is copyright? 8.What is the Patent Cooperation Treaty? 9.What is the European Patent Convention? 10.What is the Community Trade Mark Treaty? 11.What is the Madrid Agreement/Protocol (international trademarks)? 12.What is the Hague Agreement Concerning the International Deposit of Designs? 13.What do "©", "TM", "®" "SM", "patent pending", "patent regn. no.", "regd. design no." and "design patent no." mean? 14. What is Passing Off?
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An overview of Trade marks

Written by Michael Coyle on 22 December 2003

Trade Mark Rights Intellectual property rights confer temporary exclusive rights based on territoriality; they are regarded as indispensable assets that help further trade in the EU. It is important, though, that the laws that offer protection to those who have invested significantly in research and development of a certain product do not go as far as to allow them to dominate the market place or unduly restrict the free movement of goods. The interplay between intellectual property rights, competition law and the rules on free movement of goods has given rise to a series of European and national case law which as we shall see raise as many questions as it has sought to answer. This is illustrated by the various interpretations of Article 7 of the Trade Mark Directive 89/104/EEC. These above complexities arise from a number of factors. Firstly, the intellectual property laws of member states are still not fully harmonised. Secondly, the question arises as to how competent the European Community, and in particular the European Court of Justice are to deal with substantive matters relating to intellectual property rights such as free movement of goods and the issue of re-labelling and repackaging. This is principally because intellectual property rights are referred to only in Article 30 (previously Article 36) of the EC Treaty, which provides an exception to the fundamental principle of free movement of goods, which has not been altered by the Single European Act or the Maastricht Treaty. The development of a consistent community-wide approach to what constitutes a lawful use or an abuse of intellectual property rights will depend on the approach taken to certain fundamental matters. These include the consequences of differing national laws, the importance attached to the scope and function of intellectual rights, the extent to which the EC and national courts are empowered to determine matters and the application of general EC law principles. Functions and Usage of Trade Marks Article 2, of the Council Directive 89/104/EEC (The Trade Mark Directive) states that a trademark: 'May consist of any sign capable of being represented graphically, particularly words, including personal; names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.' Trade mark rights are territorial, which means that the right to a certain mark is valid only in a country where the mark has been registered or is otherwise protected. The protection is differently shaped in different states, which can cause problems with international trade, but many of these problems are coped with through international treaties making the rules uniform. However, despite a history of more than a hundred years of broad international treaties harmonising trademark laws, there is no international rule on how to handle exhaustion of trademark rights. During previous decades, the European court of Justice (ECJ) has significantly changed its view on trade marks. In the 1970's, the court expressed a low valuation of trademark rights, for example in the case of Sirena S.R.L. v. EDA S.R.L. the court regarded trademarks as no more than an obstacle to the free movement of goods. However in 1990, Case C-10/89 SA CNL-SUCAL NV v. Hag GF AG the court found trademarks as an essential element in the system of undistorted competition which the treaty seeks to establish and maintain." Trade marks are today increasingly important as instruments to connect between customers and the commercial origin of a product. From a trademark owners perspective, an advertising function can be identified. Every time a brand is viewed, the viewer will be reminded of the product, and maybe triggered to purchase the item. This is a function related to the market-steering function of a trade mark. Products from different producers are often very similar to each other in quality and design, which leaves the consumer with only the trademark as a guide for choice. To make its customers more loyal, trademark owners are trying to make their trademarks as strong as possible, by building strong identities around them, connecting them with a certain lifestyle, a process called "branding". The importance of strong trademarks is accentuated on internet trade, as customers shopping on the net have no guarantee for the quality of the product other than the brand. Branding tends to be profitable for trade mark holders, as many customers are willing to pay comparatively high prices for products labelled with the strongest brands, irrespective of that other products might be of better quality. Examples of these successful branded trademarks are Coca-Cola, Levi's and Tommy Hilfiger. The goal is of course to get as much revenue as possible from the marketing of the product, and with strong trademark measures like price differentiation's and differentiation in quality between countries, dumping of excessive stocks on low price markets etc becomes possible. This development however, is counteracted by the ever-increasing international trade in branded products. There exists a conflict of interests on this point, between trademark holders that want to maximise their profits, and persons trading branded goods in second hand, from low-price markets to high price markets. Traders, who take advantage of price differences, are called "parallel traders". They re-import goods that are dumped abroad, and parallel-import goods that are cheaper on its home market than in the importing country. They also side-import foreign goods similar to goods produced in the importing country. It is obvious that parallel trade is likely to obstruct branding, because customers are simply likely to make their purchases from the cheapest source.
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Domain Names Tropical Resorts Management -v Morgans=

Written by Daniel Doherty on 21 December 2003

In Tropical Resorts Management and others v. Morgan In this case the High Court was asked to consider whether merely owning rather than actually trading under a domain name amounted to the tort of passing off.
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Easyjet Airline Ltd

Written by Daniel Doherty on 11 April 2003

The First Claimant is the airline company EasyJet, it conducts most of its business through Internet transactions and was reported to have spent in the region of £30 million in advertising alone. Its mark comprised of a distinctive get up in an orange and white colour.
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Metatags Abuse

Written by Michael Coyle on 08 February 2003

Meta Tag Abuse Anyone who owns a website need to take note of two recent UK court decision, which states that the use of a trade mark as a meta-tag could amount to an infringement of your trademark. Those who own a website should ensure that they are not infringing another's trademark as a meta tag to enhance their ratings.
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Trade Marks Directive

Written by Michael Coyle on 04 January 2003

The Trade Mark Directive The law relating to trade marks within the European Union has been made uniform by virtue of the Trade Mark Directive, which approximates the laws of Member States relating to trade marks.
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Trade Marks and the Free movement of goods

03 January 2003

Intellectual Property Rights And The Rules On The Free Movement of Goods. The question of the extent to which a trademark owner can prevent parallel imports gives rise to the relationship between intellectual property and the free movement of goods being considered in detail.
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