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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?
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.
Proportionate liability clauses are a common feature in professional firms’ engagement letters. But there has been very little case law on whether they work or not.
Section 306 of the Insolvency Act 1986 provides that a bankrupt’s estate shall vest immediately in the trustee in bankruptcy and no registration is required to effect that vesting.
To rescind a winding-up order, the court must be satisfied that the circumstances of the case are materially different to those before the court that made the order.
A winding-up petition founded on a tax assessment, which is the subject of an appeal to the Tax Tribunal, should be dismissed or stayed pending the appeal.
The European court has confirmed that site-blocking injunctions can be granted against ISPs, provided the injunctions strike a ‘fair balance’ between fundamental rights.