Category Archive for: ‘Trade marks’

Using your trade marks in colour? Act now to confirm appropriate coverage in the UK and Europe for your valuable brands

IP practitioners have heard it all when it comes to rules of thumb. The infamous “10 percent rule” immediately springs to mind (ie. if there’s a 10% difference from the original work, then you’re not infringing copyright …). Another that is trotted out frequently is that a trade mark registered in black & white covers all colours, and that use …

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Pushing the boundaries of trade mark law (Part 1) – The Glee Club v Glee and “wrong way around” confusion

Well, fans of hit TV show GLEE will be rocked by the recent decision from Roger Wyand QC (sitting as Deputy Judge of the UK High Court) finding that the use of GLEE infringed a trade mark registration owned by Comic Enterprises Limited (CEL), for a series of two marks consisting of THE GLEE CLUB in a stylised form (one …

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ATMOsphere – Trade Marks Office Decisions – March 2014

In January this year, we started a new series of posts from IP Whiteboard: ATMOsphere, aiming to keep our readers up-to-date on what has been happening in the world of Trade Marks Office decisions (see the January ATMOsphere post here). As explained there, our aim is both to provide a very high level summary of those decisions, to provide an …

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Distinctiveness under the microscope – Cantarella granted special leave to appeal to the High Court

On Friday, 14 March 2014, the High Court granted Cantarella Bros Pty Ltd special leave to appeal the Full Court of the Federal Court’s decision in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110. The High Court has been asked to clarify the correct application of the test for distinctiveness (section 41 of the Trade Marks …

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BPI’s Fragrance bottle shape mark rejected – but how different is distinctive enough?

The fragrance industry isn’t just about smelling good and paying people to take most of their clothes off and spray you with something as you walk by. In this market, the way a product is packaged is incredibly important. Is it not clear – based on years and years of educating consumers – that the shapes of fragrance bottles can …

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No surprises? Keds’ side by side two stripe position mark rejected by OHIM’s Board of Appeal

Following hot on the heels (no pun intended!) of the decision of the Federal Court of Australia in adidas v Pacific Brands in Australia last year (in which KWM acted for adidas, here), position and logo marks in the fashion space are really hitting the headlines again in 2014. We reported earlier on the rejection of NYDJ’s jeans stitching mark …

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Nappy Land is not happy land: no love on Valentine’s Day for National Australian Nappies

Valentine’s Day and nappies don’t usually appear in the same sentence. However, in a decision handed down by the Federal Court on 14 February 2014 (CI JI Family Pty Limited v National Australian Nappies (NAN) Pty Limited [2014] FCA 79) the Federal Court has reminded trade mark owners that they cannot view their marks as an ace-in-the-hole when it comes …

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Pucker up for some trade mark action –“Kiss”-ing just got a whole lot more legal

It was news enough when high profile radio duo Kyle Sandilands and Jackie Henderson (known on air as “Jackie O”) moved to the Australian Radio Network’s (‘ARN’) Sydney Mix station late last year, with their new show commencing in January. Sydney Mix then decided to re-launch the station under the ‘Kiis’ FM brand (a station used in North America by …

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Not Your Daughter’s Jeans – Chances of registering a position mark slimmer in New Zealand as compared to Australia. But should they be?

First there were corsets, then shaping underwear (Spanx, anyone?) and now slimming jeans. Often these garments are hidden from view, but the consumer knows exactly what they are looking for leading up to and beyond the point of sale. But are our decision-makers keeping up with the times when businesses try to protect their valuable brands? A recent decision in …

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