Archives for: ‘Bill Ladas’

Does it matter which Board of Appeal hears your case when it comes to the distinctiveness inquiry under article 7(1)(b)?

— An edited version of this article first appeared on IPKat on 12 November 2014 — Some recent decisions – and topical ones at that, with the holiday season imminently approaching for this new father (hi Jack and Willy!) – relating to the treatment of 2D and 3D marks for toys suggest that there might be a split between the …

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You ain’t nothing but a hound dog (or an immaterial variation thereof)! Hush Puppies logo CTM survives non-use action

In El Corte Ingles v Wolverine World Wide, Inc, the much beloved logo of Hush Puppies (hereinafter, hound) has survived a non-use attack in Europe in some key classes. Although WWW was ultimately successful in partially defending the non-use action, the case is a reminder of the much higher burden faced in saving a Community Trade Mark registration from being …

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NYDJ pockets protection for jeans stitching mark in NZ

Pockets. Most jeans have them. Many of us look at them in admiration, often because they adorn the backsides of others (though in the age of the selfie it’s probably more common to be checking out our own …). When we look at these pockets, we will commonly know the brand of the jeans without reference to a name, just …

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Domain name disputes and the onus of truth

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper, speedier, alternative to litigation for the resolution of dispute between the registrant of a domain name and a party claiming competing rights in that domain name. The auDRP is our version of ICANN’s UDRP, …

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CANARY WHARF trade mark rejected for being 30 years too late! Protect your valuable property names as trade marks at conception

Branded real estate in the industrial, commercial and residential markets is big business. The brand adopted can influence perception and price. It is no surprise then that developers are increasingly taking steps to protect these brands by registering them as trade marks. We recently discussed some legal developments for these kinds of brands (including shopping centres) here. An even more …

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Jack Wills, McDonald’s, Bunnings v Masters, Tesco, Cadbury, Coke v Pepsi and much, much more – 15 recent case “bites” and 5 tips on brand protection in the retail space for 2014 so far

2014 has been a topsy-turvy year so far in the retail and FMCG spaces in terms of trade mark decisions in Australia, New Zealand and the UK and EU. It is worth looking at a few recent decisions to help guide big and not-so-big names with their brand protection strategies. You win some … In the “battle of the bird …

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A straw-poll for our readers – what wine bottle label is this??

We like to think that we know our readers quite well here at IP Whiteboard. But do we? Really?? Obviously they’re incredibly smart and ridiculously good looking, and have great taste. But what are their thought processes when they’re let loose in the supermarket or bottle-shop? With the aim of getting to know you a little better, we thought that …

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