Search for: "LJS CO. v. Marks"
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5 Apr 2017, 7:35 am
NVidia v Hardware Labs [2016] EWHC 3135(December 2016)This was the exam question posed here. [read post]
15 Feb 2017, 4:09 pm
Interestingly, the Queen’s Bench Divisional Court (Fulford LJ and Leggatt J) permitted a McKenzie Friend, Dr Michael Pelling, to make representations on his behalf. [read post]
8 Feb 2017, 8:22 am
She also noted [at 50] that in Comic Enterprises Ltd v. [read post]
28 Dec 2016, 6:04 am
Lewison LJ summarised the position in Honda Motor Co Ltd v Neesam [2006] EWHC 1051 para 5 (not on bailii) as:Consent must be unequivocally demonstrated.An intention to renounce the right to a trade mark will normally be gathered from an express statement.Although consent may be inferred in some circumstances, an actual consent (not a deemed consent) be established. [read post]
29 Nov 2016, 2:44 am
In Interflora Inc v Marks and Spencer Plc [2012] EWCA Civ 1501 Lewison LJ referred to Neutrogena [1996] R.P.C. 473 that:"...There is passing off even if most of the people are not fooled most of the time but enough are for enough of the time. [read post]
15 Aug 2016, 7:05 am
Indeed, said the questioner, given the potential of that reference to the CJEU to undermine Kitchin LJ’s “free-flowing” analysis in Cartier it was surprising that Kitchin LJ made no mention of it in his judgment.All these costs ... who covers them? [read post]
1 May 2016, 1:49 pm
For example Williams v. [read post]
25 Mar 2016, 2:11 pm
AbbVie also argued that since Arrow was decided nine years ago, the appellate courts have been more willing to permit EPO procedures to take their course without English judicial interference (see Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd [2013] UK SC 46; [2014] A.C. 160, as summarised by Floyd LJ in IPcom GmbH & Co KG v HTC Europe Co Ltd & Ors [2013] EWCA Civ 1496; [2014] R.P.C. 12.)Carr… [read post]
9 Mar 2016, 7:17 am
" Comapring the respective shapes alone, and ignoring the markings on the side and the eyes at the front, he found that there had been infringement.In the Court of Appeal, Kitchin LJ gave judgment and held that the trial judge had erred in two respects. [read post]
9 Feb 2016, 6:07 am
In Bongrain SA’s Trade Mark Application [2004] EWCA Civ 1690 at [26]-[28], Jacobs LJ had, interpreting various European case law including Joined Cases C-456/01P and C-457/01 P Henkel v OHIM EU:C:2004:258, rejected the idea that a “fancy” or unusual shape of goods would automatically be taken by the public as a trade mark denoting trade origin. [read post]
15 Dec 2015, 6:26 am
In Generics v Lundbeck [2006] EWCA Civ 1261 its interpretation was described as difficult (per Jacob LJ paragraph 8). [read post]
7 Aug 2015, 1:30 am
Maurice Kay LJ in effect held that only sufficiently “co-operative” and “credible” children could benefit from the Rashid/ R(S): the now infamous “hypothetical spectrum”. [read post]
13 May 2015, 4:37 am
And Dillon LJ in Anheuser-Busch at pp 475-476 cited Spalding, Star Industrialand Inland Revenue Commissioners v Mullerto make the same point. [read post]
17 Mar 2015, 12:31 pm
This was written by Mark Adams under the headline ‘Rotten to the Core’. [read post]
24 Feb 2015, 3:06 pm
Earlier today this Kat posted this note on Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd [2015] EWHC 256 (Ch), the latest in a line of important trade mark rulings from Mr Justice Arnold in the Chancery Division, England and Wales. [read post]
26 Nov 2014, 3:18 pm
In England and Wales we have seen a couple of examples of previously acquiescent co-users of the same name coming to quite unnecessary blows. [read post]
11 Nov 2014, 3:55 am
[1] AIB Group (UK) Plc v Mark Redler & Co Solicitors [2012] EWHC 35 (Ch), per HHJ Cooke at paragraph 24 [2] Target Holdings Ltd v Redferns [1996] AC 412 [3] AIB Group (UK) plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45, per LJ Patten at paragraph 47 [4] AIB Group (UK) plc v Mark Redler & Co Solicitors [2014] UKSC 58, per Lord Toulson at paragraph 64 [5] ibid., per Lord Reed at… [read post]
4 Mar 2014, 2:25 am
Not only that, but they were not present in the Kiddee Case (you can see that the tiger has the same colour all over its body).On this point, Kitchin LJ referred to Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2006] EWHC 3145 (Ch). [read post]
31 Dec 2012, 7:34 am
Interflora British Unit v Marks and Spencer PLC Flowers Direct Online Limited [2009] EWHC 1095 (Ch) (IPKat post here), the English Court of Appeal examined in detail the nature and role of survey evidence. [read post]
23 Apr 2012, 3:04 am
Just in time for Murdoch’s visit, Tom Watson MP has released his new book, co-written with journalist Martin Hickman, Dial M for Murdoch. [read post]
