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Intellectual property disputes involving retailers and fashion are all too common; another one to have troubled the courts in recent months is Thomas Pink v Victoria’s Secret UK.
In Biscuits Poult SAS v OHIM, the applicant for invalidity challenged the registration on the basis that the design in question was not new and lacked individual character.
A Hamburg court has upheld findings that the distribution of certain models of jeans would infringe Levi Strauss’s trademark rights in the stitching pattern on the back pockets of its jeans.
The applicant, Retro Bag Shop, applied for registration of a figurative mark with the text NORTHERN SOUL KEEP THE FAITH for goods in Class 18.
In this case, the intervener applied for registration as a Community trademark of a figurative sign depicting a bicycle polo player in respect of Class 18, Class 25 and Class 28.
Registrability of shape marks download
In Hauck GmbH & Co KG v Stokke A/S, the Dutch court referred questions relating to the refusal to register shape marks under article 3(1)(e) of the Trade Marks Directive.
This article highlights some of the major changes to design rights that came into force on 1 October 2014.
The courts have decided a number of high-profile cases this summer in which retailers have been involved in intellectual property disputes.
Do you need a copyright licence? download
Last year Brighton and Hove Council agreed to pay the Copyright Licensing Agency an undisclosed sum in respect of retrospective licence fees and legal costs.
The government has been consulting on broadening the scope of the Bolar exemption.
Bad faith registrations download
In a case before the General Court, Simca Europe had obtained registration of the work mark SIMCA as a Community trademark for goods in Class 12.
Discount grocer Aldi has been in the news in the last month with two unrelated cases concerning different intellectual property rights.
The case upon which the advocate-general delivered his opinion concerns Johan Deckmyn of the right-wing Vlaams Belang political party.
The anthemic Stairway to Heaven, by Led Zeppelin, appears to be heading for the courts.
In BIMBO SA v OHIM, BIMBO SA applied to register BIMBO DOUGHNUTS as a Community trademark. That application was opposed by Panrico SA.
The Lush v Amazon dispute, continued download
Following the High Court ruling, Lush and Amazon attempted — and failed — to reach an agreement as to the form of the court order.
Chinese Utility Models and prior art download
The Court of Appeal has upheld a decision of HHJ Birss QC in the Patents County Court (now the Intellectual Property Enterprise Court) finding that the appellant’s patent.
The phrase ‘groundless threats’ refers to provisions in UK legislation that were originally introduced to provide a level of protection against threats of patent infringement.
Trade secret protection varies across EU member states, with some member states notably offering little by way of protection.
Trademark tips download
Any sign that can be represented graphically and that is capable of distinguishing the goods or services of one undertaking from those of another is prima facie registrable as a trademark.