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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Make Your Mark Spring 2011

IN THIS ISSUE
Introduction

Introduction

Businesses don't need a city accountant to tell them that big brands pay off. They know already that high-profile brands dominate the marketplace and earn the biggest pro...

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European Perspectives

ECJ Gives Price Comparisons More Than A Lidl Scrut...

Mon Dieu! French shoppers can expect a better deal following the ECJ's recent decision on the legality of price comparisons in Lidl CNC v Vierzon Distribution SA (C-159/0...

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OHIM Softens on Deadlines, But Not Dilution in WAT...

The latest round of the WATERFORD crystal appeals hints that OHIM's bureaucratic inflexibility on deadlines may, at long last, be softening. Not, indeed, before time: the...

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Dilution Rule, Erm, Diluted in BOTOX Cases

When the ECJ decided Intel in November 2008 (C-252/07), many sensed the demise of blurring as a practical ground for challenging trademark registrations in the EU. The ru...

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Max Planck Hands Down Judgment on CTM System

Hot off the presses, the Max Planck Institut released its report on the functioning of the CTM system just before we went to print. Some of the most important recommendat...

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Alicante Abstracts

Just the Beginning for Motion Marks

In the fast-paced world of multimedia, brands have increasingly assumed more and more sophisticated forms. Motion marks in particular proliferate on television and on Int...

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Court Strives Toward Consistency on Unfair Advanta...

In a recent decision, the General Court has handed down some important guidance on the meaning of "unfair advantage" in the context of trademark disputes. The growing bod...

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News

Snippets

A recent case before the General Court (Liz Earle Beauty v OHIM; T-307/09) has confirmed the special treatment applied to English language marks under CTM practice. Th...

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What's In a Name for Brand Kate?

The announcement of her engagement to Prince William has put Kate (Catherine) Middleton firmly in the media spotlight. She is said to have a magic touch when it comes to ...

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From the UK Office

Goodwill Hunting in UK-IPO Proceedings

Challenging later marks based on prior goodwill is never easy. Proving goodwill sufficient to found a passing off claim is not as simple as proving a prior registered rig...

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Devil Is in the Detail in Partial Oppositions

Hearing officers are human and sometimes err. When mistakes at the top combine with an unfocused case by parties, however, the resulting trouble can be costly. The recent...

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​UK Court Diary

Careful with Those Straplines: It's Not So Safe af...

Advertising straplines are powerful marketing tools. They can position a product on the market in catchy, memorable ways. They are generally more flexible than brand name...

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Branding in the Shadow of The Games

In our Autumn 2006 issue of Make Your Mark. (see our website at www.jenkins.eu), we ran a brief article highlighting the effects of the London Olympic Games and Paralympi...

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Court Affirms Damages Not Just Lost Sales

For IP infringers, the best things in life are free-until a claim for damages gets to court. Nonetheless, how infringers should pay for their ill-gotten gains is not alwa...

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Online Confusion Sends 32Red to Black

Given the high stakes in branding, gambling that an infringer will fade away is rarely a safe bet. Online casino 32Red plc learned this the hard way recently, when a majo...

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Domain Names

Unfair Advantage or Unfair Result? ihateryanair.co...

Whether domain names that blacken third-party brands should be used to host protest sites (eg, "walmartsucks.com") has long divided UDRP panellists. Nominet experts have ...

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Out and About

Out And About

INTA ANNUAL MEETING JENKINS HOSPITALITY SUITE 15, 16, 17 MAY 2011Stephen James, Hazel Buckley, Tim Pendered, Katie Cameron and Angela Fox will be hosting our annual hosp...

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