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Can a trademark proprietor stop a third party from placing goods covered by the trademark under a duty suspension arrangement, having introduced them into the EEA without the proprietor’s consent?
Quite what ‘obvious to try’ means in practice is not clear but the Court of Appeal has recently provided some guidance.
Cheerleaders' outfits and copyright download
Uniforms produced by Varsity ruled ’conceptually separable’ from the utilitarian function of a cheerleader’s uniform.
We continue to read of copyright disputes in the music business and this month is no exception.
The Russian company FKP Sojuzplodoimport and the Dutch company Spirits International have been in dispute for several years regarding the ownership of vodka trademarks.
YSL and the Skinny Love trademark download
Yves Saint Laurent has failed in its opposition to the Swiss registration of the mark SL Skinny Love...
Application for registration of “Montussan” can proceed because the location is unknown to US consumers...
How patent disputes can affect customers.
Businesses worldwide are becoming increasingly familiar with the ‘patent troll’.
Genuine use of a Community trademark download
Three recent decisions have considered the question of proving genuine use of a Community trademark, but arguably we are none the wiser following these decisions.
The principle that a US patent holder cannot charge royalties for the use of their invention after the relevant patent term has expired has recently been the subject of a challenge in the US Supreme Court.
Passing off and the test for genuine use in the European Community of a Community trademark download
The Intellectual Property Enterprise Court has delivered a judgment that both highlights the importance of passing off and clarifies the meaning of ‘genuine use’ of a Community trademark.
The Office for Harmonisation in the Internal Market has altered its practice regarding colour variations of marks.
US rapper Jay-Z had successfully defended a claim brought by a sound engineer who was claiming to be the joint owner of the copyright in three albums produced by Jay-Z’s record label.
A recent application has been heard in relation to the admission of survey evidence in a trademark and passing off claim.
The German Federal Court has delivered a judgment on whether the playing of background music at a dentist’s was a ‘communication to the public’.
The High Court has rejected an appeal against the refusal of an application for registration of the name CANARY WHARF as a trademark.
The Court of Justice of the European Union has delivered a ruling in respect of the distribution right set out in Article 4(1) of the Copyright Directive.
Morally questionable trademarks download
National and regional trademark laws will invariably stipulate that a trademark cannot be registered if its registration would upset accepted standards of morality.
Where the relevant public has a basic knowledge of Arabic, this should be taken into account.