Local café tiff not storm in teacup as trade mark for similar name revoked...
Bocacina v Boca Cafes, Intellectual Property Enterprise Court Bocacina ran a bar, restaurant and gallery in Bristol since 2005 under the name “Bocabar”. It was sometimes known just as “Boca” and had a...
View ArticleEvidence of change of economic behaviour of average consumer needed to...
Environmental Manufacturing LLP v OHIM, European Court of Justice Evidence of a change in economic behaviour of average consumers was necessary to establish “detriment” to a trade mark with a...
View ArticleCourt of Appeal upholds ruling that “NOW” was invalid as a trade mark
Starbucks (UK) Ltd v British Sky Broadcasting, Court of Appeal Starbucks (a Hong Kong-based media group and not the coffee shop chain) issued proceedings against Sky alleging that Sky’s use of the...
View ArticlePossible to copy the impossible?
In 2011, Ulrich Schwanitz created a Penrose triangle, otherwise known as the “Impossible Object” using a 3D printer. He posted a video online of his creation, which potentially allowed someone to...
View ArticleDesigner merry to seize ownership of design right in beer glass
Utopia Tableware v BBP, Intellectual Property Enterprise Court A brewery had asked U for a tall beer glass. U’s employee designed one and produced concept drawings. The brewery did not make any binding...
View ArticlePaper-cut letters and image of rabbit infringed as artistic works
Taylor v Maguire, Intellectual Property Enterprise Court Taylor was an artist in the field of paper cutting. She had produced paper-cut letters “K” and “S” and an image of a rabbit. It was done in an...
View ArticleCity of London Police Intellectual Property Crime Unit cuts oxygen on...
The City of London Police Intellectual Property Crime Unit (PIPCU) has hailed as a success a three month test operation in which it worked with advertisers to try to cut advertising revenue from...
View ArticleNestlé and Cadbury add further dimension to sweet battle
Société Des Produits Nestlé v Cadbury UK, High Court Nestlé applied to register its famous four-fingered Kit Kat bar as a three-dimensional registered trade mark. Cadbury opposed the application. The...
View ArticleGLEE-ful triumph for comedy club owner as glum TV studios lose important...
Comic Enterprises Ltd v Twentieth Century Fox Film Corp, High Court The High Court has decided that a trade mark incorporating the words “THE GLEE CLUB” owned by a UK comedy club was infringed by...
View ArticleUK’s Patent Box regime under EU scrutiny
The European Commission is investigating the lawfulness of the UK’s Patent Box regime. The Patent Box gives businesses a much lower rate of corporation tax for owning or licensing in or out products...
View ArticleEx-member of trade group not liable for innocent use of group’s logo in...
National Guild of Removers & Storers v Milner, Intellectual Property Enterprise Court Milner was a member of a trade group. When he ceased membership, he placed an advert in a local directory. The...
View ArticleBIS considers injunctions for businesses to prevent copycat packaging
The Department for Business, Innovation & Skills (“BIS”) has launched a call for evidence regarding enforcement of the Consumer Protection from Unfair Trading Regulations (the “Regulations”)...
View ArticleNewzbin individuals liable for copyright infringement and conspiracy to injure
Twentieth Century Fox v Harris, High Court An individual who was behind the Newzbin companies has been found liable for copyright infringement by the High Court. In 2010, various film studios...
View ArticleAmazon hit with another “bomb” – an EU-wide ban on infringing Lush trade marks
The High Court has imposed a general EU-wide ban on Amazon, preventing it from infringing trade mark rights belonging to Lush, a well-known cosmetics business. The ruling follows Lush’s successful...
View ArticleHugo Boss not the boss in Bossert trade mark battle
Hugo Boss Trade Mark Management v USA Bossert International Development Co Ltd (2014) The Intellectual Property Office Tribunal has again rejected Hugo Boss’ opposition to registration of USA Bossert’s...
View ArticleMoroccanoil fails to prove Aldi passing off despite similar get-up
Moroccanoil Israel Ltd v Aldi Stores Ltdt, Intellectual Property Enterprise Court Moroccanoil Israel Ltd, the company famous for selling hair-oil-products endorsed by the likes of Marion Cotillard and...
View ArticleCable calls for international co-operation to cut out counterfeiting
Vince Cable has said that national efforts to tackle counterfeiting were insufficient and there needed to be much greater international co-operation. The Business Secretary argued that payment service...
View ArticleWhat’s in a name?
It must be an interesting diversion for Mr Justice Sales, who was the “Treasury Devil” (the Government’s chief external Counsel) before he was a Judge, to have to deal with trade mark and other...
View ArticleS&S Enterprises Ltd fails to get a “jumpstart” in the market
Data Marketing & Secretarial Ltd v S&S Enterprises Ltd, Intellectual Property Enterprise Court The registered trade mark “JUMPSTAR” for batteries was not too similar to the word “jumpstart” to...
View ArticleLinfoots successfully defends passing off and breach of contract claims by Orvec
Orvec International Ltd v Linfoots Ltd – Intellectual Property Enterprise Court The Intellectual Property Enterprise Court has dismissed Orvec’s claims that Linfoots passed off its products. The facts...
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