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Contrasting decisions involving applications for registrations of the respective marks GREEN SMOKE and GREENWORLD are instructive in highlighting registry approaches to the concept of distinctiveness.
The French Supreme Court has rejected an appeal by magazine owners against a decision of the Paris Court of Appeal that it could not claim infringement of marks MATCH and PARIS MATCH by the dating website Match.com.
After the 2013 horsemeat scandal, the ‘nuts for cumin’ affair puts traceability and record-keeping back in the spotlight.
Trademarks: registry review download
A round-up of cases including: Husky CZ sro v OHIM; Red Bull GmbH v OHIM; Environmental Marketing Ltd v OHIM; and Facebook Inc v Collector Consulting.
Mr Justice Birss has refused an application by the defendant in patent proceedings to re-open the trial and to permit it to amend its pleadings to plead new prior art.
A claim cannot be brought if the threat is not “groundless”.
Article 4(2) of the Information Society Directive provides that the exclusive distribution right of a copyright owner shall not be exhausted within the EU, in respect of the original or copies of the work.
IP: designs and ‘complex products’ download
A design applied to or incorporated in a component part of a complex product is considered to be new and to have individual character only if the component part remains visible during normal use.
When logos are created, the artwork is automatically protected by copyright and under English law the designer is the copyright owner even if the work is commissioned.
A recent High Court decision has clarified the different tests for infringement of copyright and UK unregistered design right.
The claimant owned five UK and Community trademarks, all featuring the word ‘supreme’ in respect of animal foodstuffs.
New regulations coming into force on 26 February replace public contracts regulations of 2006.
What a RANDOMS decision download
Nestlé is the registered proprietor of two Irish trademarks, the word mark RANDOMS and the slogan LET YOUR RANDOM SIDE OUT in respect of confectionery.
The CJEU has ruled on whether jurisdiction is conferred on the courts of an EU member state to hear an infringement action where an allegedly copyright-infringing image is accessible on a website in that member state, but the website is hosted in another member state.
Trademarks: registry review download
Walker Morris’s review of trademarks includes information on the marks PIANISSIMO, TERRAFLEX, KENZO and SURBURBIA...
We reported in our June newsletter on the European case in which a Danish childminder (Mr Kaltoft) brought a claim against his local authority arguing that his obesity amounted to a disability under the Equal Treatment Directive.
The EU General Court has upheld the registration of the shape of the ‘Rubik’s Cube’ as a trademark.
The EU General Court has dismissed appeals against OHIM’s dismissal of opposition to registration of the figurative mark LOVOL.
The Community Trade Mark Regulation prohibits registration of trademarks that are devoid of distinctive character.
The media has reported that the Premier League is intending to clamp down on the unauthorised uploading of clips from televised football matches.