Publication

General Court finds genuine use of TVR trade mark

By | 09 Sep 2015

EU General Court in TVR v OHIM (T-398/13) confirms that genuine use doesn't need to be continuous and can include a period of insolvency. Use within the UK alone was sufficient to support a CTM.

Publication

Unscrambling the trial judgment of Mattel v Zynga in the Court of Appeal - A Case Update

Unscrambling the trial judgment of Mattel v Zynga in the Court of Appeal - A Case Update

By | 05 Aug 2015

Review of the Court of Appeal judgment in Mattel v Zynga regarding the SCRABBLE and SCRAMBLE trade marks

Publication

Breaking Nestlé's Kit Kat trade mark

Breaking Nestlé's Kit Kat trade mark

By | 04 Aug 2015

AG opinion on Nestlé's battle to register the shape of the four finger Kit Kat chocolate bar as a UK trade mark.

Publication

Major Reforms to EU Trade Marks Law

Major Reforms to EU Trade Marks Law

By | 16 Jul 2015

On 8 June 2015, the European Council published the final 'compromise' texts on the reform package.

Publication

When not using a competitor's trade mark might still infringe it - the curious case of negative matching

When not using a competitor's trade mark might still infringe it - the curious case of negative matching

03 Jul 2015

The Courts have made it clear that Internet users are familiar with sponsored advertising, and that they are used to searching for a brand and being presented with ads from competitors.

Publication

The War of the Roses rages on….

The War of the Roses rages on….

By and | 07 Nov 2014

In the latest instalment in the so-called “war of attrition” between Interflora and Marks & Spencer (“M&S”), the Court of Appeal has unusually called for a retrial of the case.

Publication

It’s another website blocking injunction, but not as we know it….

It’s another website blocking injunction, but not as we know it….

By and | 22 Oct 2014

This is arguably the first occasion where an application for a website-blocking order against internet service providers has been granted in order to combat trade mark infringement.

Publication

Effective Trade Mark Protection in China

Effective Trade Mark Protection in China

By and | 24 Jul 2014

Rights in a trade mark in China are acquired solely through registration so it is essential for brand owners to be the "first to file" their mark in China.

Publication

TRADE MARKS: Cosmetic Warriors Ltd and Lush Ltd v. Amazon.co.uk Ltd

TRADE MARKS: Cosmetic Warriors Ltd and Lush Ltd v. Amazon.co.uk Ltd

12 May 2014

The High Court has ruled that Amazon infringed Lush’s trade mark by using it in search engine advertising as well as on Amazon’s own site in a case that has wide-reaching implications for e-commerce

Publication

Mattel's lack of action held to be 'destructive' of its case against Zynga

Mattel's lack of action held to be 'destructive' of its case against Zynga

By | 09 Jan 2014

J.W. Spear & Sons Ltd Mattel Inc v Zynga Inc [2013] EWHC 3348 (Ch)

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