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27 Feb 2015, 2:34 am
The Cancellation Division upheld the action, but the Board of Appeal reversed that decision in a decision that the General Court has now upheld.The Board of Appeal had determine whether the unregistered mark was (i) used in the course of trade, (ii) of more than mere local significance, (iii) before the CTM application was filed and (iv) capable of preventing use of the CTM in the UK under the law of passing off. [read post]
20 Feb 2015, 2:30 am
Tim then wandered off to adidas for a couple of decades to head its IP Group, seizing around 12 million counterfeit products a year and scooping some mouth-watering damages awards (Tim's the man who got Payless to pay more, even though the record jury award of $304 m for trade mark infringement was later reduced). [read post]
5 Feb 2015, 8:11 am
These circumstances, said the Court, could not necessarily lead to the passing on of the earlier marks’ image to the CTM application. [read post]
24 Nov 2014, 7:04 am
In the first case the opposed CTM application was filed in December 2006. [read post]
14 Nov 2014, 9:15 am
This article was prepared by Farah Mukaddam (Farah.Mukaddam@nortonrosefulbright.com) of Norton Rose Fulbright’s (London) Dispute resolution group. [read post]
16 Oct 2014, 7:54 am
The settlement however allowed Specsavers to continue their appeal against the revocation of the “Wordless” (black logo) CTM for non-use. [read post]
19 Jun 2014, 2:09 am
The case is Case C-97/12 P Louis Vuitton Malletier v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Friis Group International ApS intervening, a ruling of the Eighth Chamber of the Court of Justice of the European Union (CJEU) of 15 May. [read post]
9 Feb 2014, 2:27 pm
In the end, while the claim under Article 9(1)(a) of the CTM Regulation 2009 failed, the claim under Article 9(1)(b) succeeded as it didn’t matter that there was no confusion at the point of trade: what was decisive was that there was confusion pre-sale. [read post]
19 Nov 2013, 9:48 am
The Court of Appeal for England and Wales came up with a decision that was as predictable as the fact that the trial judge's ruling was going to be appealed in Starbucks (HK) Ltd & Another v British Sky Broadcasting Group Plc & Others [2013] EWCA Civ 1465. [read post]
31 Oct 2013, 9:21 am
But where were the lawyers when the group's legal and commercial parameters were being forged? [read post]
10 Oct 2013, 9:57 am
However, the threshold is not well defined and it emerges from OHIM database that several CTM’s including the word Mafia are registered for a variety of goods and services. [read post]
8 Jul 2013, 4:24 am
This handsome, tantalising volume has been edited by the Austrian Group of ALAI (the Association Littéraire et Artistique Internationale) under the baton of Michel M. [read post]
31 May 2013, 7:24 am
Consequently, the sign was registered as a Community trade mark (CTM) on 27 September 2005 (No. 1121839). [read post]
13 Sep 2012, 3:18 pm
In the first case, EMI (IP) Ltd v British Sky Broadcasting Group plc [2012] EWHC 1644 (Ch), noted by the IPKat here, the facts were as follows. [read post]
13 Sep 2012, 6:54 am
In the first case, EMI (IP) Ltd v British Sky Broadcasting Group plc [2012] EWHC 1644 (Ch), noted by the IPKat here, the facts were as follows. [read post]
13 Aug 2012, 12:29 am
Starbucks accordingly sought an expedited trial of its claim for CTM infringement and passing off, while Sky counterclaimed and sought a stay of the CTM proceedings under Article 104(1) of the CTM Regulation. [read post]
20 Jul 2012, 12:53 am
The thing that got the IPKat thinking was this: EMI had clearly had its NOW CTM for a while. [read post]
9 May 2012, 10:20 am
More realism about distinctiveness—CTM is better model; no class headings, which would clear deadwood and make clearance easier and less expensive/more accessible for smaller companies. [read post]
4 May 2012, 5:38 am
A popular and well-attended feature of INTA is the annual LinkedIn Groups meeting, tirelessly organised by Alfred Strahlberg. [read post]
30 Apr 2012, 5:48 am
• OHIM’s Convergence Group will produce a pre-approved and classified list of goods/services all of which will be acceptable in all EU applications, and ... [read post]
