Archives for: ‘Bill Ladas’

Duelling Ukuleles and Sofa Workshops – recent cases highlight advantages of national protection alongside CTM registrations, and the continued importance of passing off

A few weeks ago the UK Supreme Court rejected an appeal by Starbucks HK (not the coffee company) in a passing off case. The UKSC confirmed the fundamental requirement of goodwill in the UK in order to bring such an action in the UK. Mere reputation is not enough. You can see the update from our London team (who acted …

Read More
Subjects:
Partner:

“Re-calculating … turn around when possible” – In TomTom decision, clear thinking on “wrong way round” confusion

We’ve devoted a bit of airspace to that hoary old chestnut, reverse (or “wrong way round”) confusion. See our earlier notes on the Glee and Europcar cases (here, here and here). It’s an interesting issue, and it’s also incredibly important in the context of a global economy in which fame can arrive overnight. Given the uncertainties and complexities, it’s a …

Read More
Subjects:
Partner:

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 …

Read More
Subjects:
Partner:

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 …

Read More
Subjects:
Partner:

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 …

Read More
Subjects:
Partner:

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, …

Read More
Partner:

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 …

Read More
Partner:

Page 3 of 5«12345»