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When considering whether a sign ‘consists exclusively of the shape of goods that is necessary to obtain a technical result’, the court is not confined to looking at the sign as filed.
Iceland Foods applied to register in the UK the trademark ICELAND (both figurative and word marks) for fish, meat, game and poultry.
The German Federal Court of Justice has found that a party does not need to intend to take unfair advantage of the distinctiveness of a mark without due cause.
The EU General Court has upheld an OHIM Board of Appeal decision refusing Deutsche Bank’s application for the word mark ‘PASSION TO PERFORM’.
The KORNSPITZ revocation case reminds brand owners that marks must act as badges of origin for the ultimate consumer of the goods, rather than intermediaries...
The CJEU has given a procedural judgment in a trademark cancellation case, clarifying the ground rules for EU courts in assessing the legal arguments made before them.
HCI filed an application for the figurative mark ZENSATIONS that was opposed by Shiseido.
A UK application for the ETA mark for security-related services and locks was opposed by ETA SA Manufacture Horlogere Suisse, owner of the mark.
What kind of evidence needs to be filed to prevent a registered trademark being revoked for non-use?
The OFT finds a significant imbalance of power between ICT suppliers and public sector buyers that prevents effective competition.
The MHRA offers useful guidance on the difference between apps that are regulated as medical devices and those that are related to healthcare but do not qualify.
The government has published the hotly anticipated new exceptions to copyright, which cover personal copies for private use, parody, quotation and research.
The CJEU has confirmed that site-blocking injunctions can be granted against ISPs, provided they strike a ‘fair balance’ between fundamental rights.
The State Council Decision, together with the Company Law Amendments, have been in effect since 1 March 2014.
RED Alert — spring 2014: quick tips — waving the red flag: early warning signs that tenants might be struggling
In order to maximise their position and prospects of recovery, landlords should ensure that they are fully on top of their tenants’ rent accounts and well advised from an early stage.
RED Alert — spring 2014: excluding liability for misrepresentation — ‘he said/she said’ is not a good argument
This judgment sets out a useful examination of the factors that are relevant in determining whether or not a non-reliance clause satisfies the ‘reasonableness test’.
RED Alert — spring 2014: take a break — Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey)
The appeal of the High Court’s decision in Marks and Spencer v BNP Paribas Securities Services Trust Company (Jersey) was heard by the Court of Appeal on 25 March.
This decision is a very useful reminder of how Part 36 will be applied by the courts and how serious the consequences can be.
Taylor Wessing previously considered the decision of the court allowing a tenant to remove even very heavy industrial items. This decision has now been overturned.
RED Alert — spring 2014: severe costs consequences for failure to mediate: when silence is not golden
The Court of Appeal recently looked at how the court should deal with a party who fails to respond to an invitation to participate in alternative dispute resolution.