Category Archive for: ‘Trade marks’
By now, most readers will have seen that the European Court of Justice (ECJ) has handed down its long awaited decision in relation to Adwords on 23 March 2010. However, why do we all care and what does it mean?
To help, set out below are some Q&As to ensure you are in the loop:
What is all this about?
Nature’s Blend left caution to the wind as it pursued confectionery giant Nestlé over the use of the words ‘luscious Lips’ appearing on the Allen’s ‘RETRO PARTY MIX’ lolly packet (Nestlé having acquired Allen’s in 1989). Nature’s Blend had registered the word mark ‘LUSCIOUS LIPS’ for a variety of goods including confectionery and took issue with the following paragraph appearing in small font on the back of the RETRO PARTY MIX packet:
The Heart Attack Grill in Arizona recently filed a complaint against Heart Stoppers Sports Grill in Florida for, among other things, trade mark infringement and unfair competition.
South African company Bodtrade 54 (Pty) Ltd has succeeded in its battle against UK giant Virgin Enterprises Limited in its fight to register the mark YOU CAN’T BE A VIRGIN ALL YOUR LIFE ITS TIME. This trade mark application for use in respect of telecommunications, cafes, restaurants and bars had been opposed by Sir Richard Branson’s company on the grounds that Virgin Enterprises is the proprietor of trade marks consisting of the word VIRGIN and the use of this mark will likely cause confusion and take “unfair advantage of, or be detrimental to”, the distinctive
January is resolution time. A universal thought takes over: “I need to quit smoking, lose weight and call my mother more!” The IP Whiteboard team are not immune to this infectious optimism, and have put together some “IP resolutions” to kick off Twenty Ten. It’s not exactly Letterman’s Top 10, and we know resolutions aren’t always kept, but here goes!
The launch of the highly-anticipated Google “Nexus One” phone based on the “android” platform has the blogosphere buzzing about more than the technology. There is controversy over the name and who owns the intellectual property rights to “Nexus One”. The estate of science fiction writer Philip K Dick claims that the name has been taken from his novel Do Androids Dream of Electric Sheep? later made into the movie Blade Runner. The novel tells the story of a bounty hunter whose mission is to eliminate rogue “Nexus-6” series androids.
Have you heard that Kellogg’s plans to brand its famous signature onto individual Corn Flakes?
A Parisian court has fined eBay €1.7m after users of its French web site continued to buy and sell Louis Vuitton Moet Hennessy (“LVMH”) perfumes in breach of a 2008 injunction. The injunction was granted after the luxury goods conglomerate, which includes brands such as Louis Vuitton and Christian Dior, successfully sued eBay for €40m in June 2008 for selling fake goods using the company’s brand.
The Full Federal Court this morning dismissed an appeal by Mars in proceedings relating to the packaging of a chocolate coated malt ball product known as “Malt Balls”. Justices Bennett, Emmett and Edmonds all agreed with the trial judge that the packaging of Australian confectionary importer Sweet Rewards’ “Malt Balls” product would not mislead consumers