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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.
The case concerned the sale by Topshop of T-shirts bearing an image of the popstar Rihanna.
Design right infringement in gilets download
In DKH Retail Ltd v H Young (Operations) Ltd, the Intellectual Property Enterprise Court (the IPEC) had to determine whether an Animal-branded hooded gilet infringed Superdry’s unregistered design right.
Ice cream vans may not be an obvious inspiration for intellectual property litigation but they were the focus of the recent High Court judgment in Whitby Specialist Vehicles Ltd v Yorkshire Specialist Vehicles Ltd.
Database right and former employees download
Medical Innovations Ltd v Eakins was a summary judgment application in litigation between an employee and his former employer.
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.
In International Stem Cell Corporation v Comptroller General of Patents ISCC made two UK patent applications relating to human stem cells.
Trademarks: registry review download
Walker Morris’s review of trademarks includes information on the marks PIANISSIMO, TERRAFLEX, KENZO and SURBURBIA...
China's patent targets for 2020 download
The Chinese government has recently announced a policy decision to treble the number of patents filed by local Chinese inventors by the year 2020.
The dispute between Interflora and Marks & Spencer has taken yet another twist.
The dispute in IPC Media Ltd v Media 10 Ltd concerned the mark ‘Ideal Home’.
The EU General Court has upheld the registration of the shape of the ‘Rubik’s Cube’ as a trademark.