Way more than an everyday interest in IP
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In Hearst Holdings Inc & Anor v AVELA. Inc & Ors [2014] EWHC 439 (Ch) (25 February 2014), Mr Justice Birss’ (he of Rihanna fame) has upheld passing off and infringement claims by Hearst for the unauthorised distribution of merchandise bearing Betty Boop imagery. The decision makes fascinating reading. Mr Justice Birss has once again read more…
You might want to grab a cup of tea and a block of Cadbury’s “Black Forest” chocolate to settle in and read this blog post -or, if you prefer, a block of Whittaker’s “Berry Forest” chocolate. While Australians have had a choice between the two for several years now, New Zealanders will also be able read more…
We’ve all had one. A Happy Meal that is. Some of us might have continued to buy them in circumstances that might not be considered “age appropriate”, but there’s no shame in that. I’ll admit to having had some pretty good sandwiches in my day too. Quiches … not so much. The question as to read more…
Decisions from the Appointed Persons of the UKIPO have won a special place in our hearts here at KWM. While we can’t always agree on the outcome, the level of analysis and sheer common sense displayed is often a breath of fresh air (unsurprising given the calibre of those that are or have been APs), read more…
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 read more…
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 read more…
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 read more…
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 read more…
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 read more…