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3 Apr 2016, 9:24 am
Kraft Food Schweiz AG and Nestle Suisse SA are two chocolates manufacturers, members of the Chocosuisse Union. [read post]
28 Sep 2015, 3:35 am
Really.* Nestlé's Kit Kat: a one-sided debate? [read post]
5 Aug 2014, 12:04 am
It should be noted that the judgement contradicts that of the then European Court of Justice (ECJ) in Nestlé v Mars in which it was held that use of a mark as part of or in conjunction with another mark is not a bar to the mark acquiring distinctive character in its own right. [read post]
13 Jun 2014, 1:52 am
Readers of this weblog will instantly recall this Kat's blogpost of 21 January on Société Des Produits Nestlé SA v Cadbury UK Ltd [2014] EWHC 16 (Ch), in which Mr Justice Arnold referred the following questions to the Court of Justice of the European Union for a preliminary ruling before deciding on the registrability of the image (right) of the Kit Kat chocolate fingers as a three-dimensional trade mark for various goods in Class 30 ranging from chocolate… [read post]
25 Sep 2015, 7:41 am
He then considered the publicity-friendly Société des Produits Nestlé SA v Cadbury UK Ltd [2015] C-215/14. [read post]
29 Mar 2007, 9:09 am
For a contrasting European view (admittedly on a different issue under different law) see the ruling of the European Court of Justice in Case C-353/03 Société des produits Nestlé SA v Mars UK Ltd (use of HAVE A BREAK ... [read post]
16 Feb 2022, 3:08 am
Zeitneu GmbH (the losing party in a non-infringement action before the Court of Venice, Italy), filed an application f or a declaration of invalidity against the 3D Moon Boots trademark of Tecnica Group SA (picture on the left). [read post]
9 Aug 2013, 3:55 am
No evidence was proffered to show that the Registrant was intending to disrupt, take advantage of or benefit from any goodwill that the Complainant may have had in its own sphere of commerce [Adds Merpel: all this builds up to a general picture that use of one's own name, even if it's a business name and not one's birth name, enjoys a far wider degree of tolerance in domain name law than it does in trade mark law -- unless you are Swiss, you are litigating in Switzerland, your name is Maggi and the… [read post]
9 Feb 2016, 6:07 am
No, held Arnold J, who reviewed the CJEU guidance he had recently applied in Société des Products Nestlé SA v Cadbury UK Ltd [2016] EWHC 50 (Ch) (as digested by IPKat here), Arnold J considered that it had not been made out that, at the relevant date, a significant proportion of taxi drivers in the UK perceived the Fairway and TX1/TXII taxis as originating from LTC because of the trade marks in question. [read post]
29 Dec 2014, 2:16 am
* Randoms, leggy chicks and youth culture: ice cream opposition meltdown in Ireland Jeremy sinks his paws into Unilever Plc v Société des Produits Nestlé SA, a trade mark decision of Dermot Doyle, on behalf of the Controller of the Irish Patents Office. [read post]
10 Dec 2018, 12:52 am
This change was made at the express suggestion of the registrar (Cadbury's application had been to amend the description to "the mark consists of the colour purple as shown applied to the packaging or labelling of goods covered by the registration".The reason for this application to change the mark was the impact of the decision in Société des Produits Nestlé SA v Cadbury UK Limited [2013] EWCA Civ 1174 ("Cadbury 1")… [read post]
8 Jan 2016, 7:48 am
This is assuming that the mark’s distinctiveness is a live issue, and bearing in mind that the court’s consideration of this issue might depend on the particular s 3(1)/7(1) subsection it deems to be enlivened.In Société Des Produits Nestlé SA v Cadbury UK Ltd [2014] EWHC 16 (Ch) at [40]-[45],Arnold J outlined the general principles involved in assessing distinctiveness, stressing the broad nature of this inquiry. [read post]
12 Jul 2016, 11:39 am
In particular, in my view the Judge particularly had in mind the following two points raised by Sir John in the Société des Produits Nestlé SA v Cadbury UK Ltd judgment: “Graphic representation of colour (7) As for the second condition of graphical representation, in a mark consisting of two or more colours designated in the abstract and without contours, qualities of precision and uniformity are required. [read post]
31 Aug 2015, 1:47 am
Recently the IPKat hosted a post on the subject of Nestlé's application to register its chocolate finger shape as a trade mark: has this application been treated to a premature burial, he asked. [read post]
2 Jan 2024, 9:05 pm
Nestlé France agreed a compensation package for some people affected in the outbreak. [read post]
9 Jul 2010, 2:59 am
These companies include Kraft Foods Inc, General Mills Inc, Campbell Soup Co, Nestle SA, California Pizza Kitchen, Inc. and Supervalu, Inc., as reported in Reuters Magazine. [read post]
28 Jun 2010, 4:12 pm
Selon le même texte législatif, une entreprise multinationale a son siège au Panama lorsqu’elle effectue depuis ce pays des opérations dirigées à offrir des services à sa maison mère ou à ses filiales, tout en faisant partie du groupe. [read post]
18 Dec 2016, 9:01 am
(Nestle Nespresso SA/obs via AP Images) There are, as of this writing, just under two weeks until the end of the taxable year. [read post]
21 May 2024, 9:05 pm
He brings decades of food experience to Nestlé SA and, most recently, to Thai Union PLC, where he has led its alternative protein business. [read post]
11 Jan 2010, 4:08 pm
Cellectis (EPLAW) Cour de Cassation: Territorial scope of injunction granted by Community trademark court: SA Chronopost v SAS DHL Express France (EPLAW) Germany World Cup trade mark dispute: 1-0 says the German Federal Supreme Court (Bundesgerichtshof) (JIPLP) Germany joins Geneva Act of the Hague Agreement – takes effect on February 13th (Class 99) India Banyan Tree spreading its roots: Karnataka High Court on jurisdiction (Spicy IP) Working of patents:… [read post]
