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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 Autumn 2015

Make Your Mark Autumn 2015

In this edition of Make Your Mark, we discuss cases in which the trade marks 101 and 501, Bull and Bulldog, Sky and Skype, Portobello Road No. 171 logo and Porto and Aktivamed and Vamed (plus a distinctive device) have all been found to be confusingly similar.


Highlights this Issue

  • The Season of Goodwill Comes Early for Sky
  • The Sky's the Limit for Skype
  • Own Name Defence: Is the Law an Assos?
  • Has Formula One met its Waterloo?

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in this issue
featured

The Season of Goodwill Comes Early for Sky

“Does a claimant, who is seeking to maintain an action in passing off, only need to establish a reputation among a significant section of the public within the UK, ordoes...

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The Sky's the Limit for Skype

Most people, in the UK at least, will now be familiar with the Skype brand for one-to-one Internet messaging and calls.  In fact, the brand has become so well-known that ...

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Own Name Defence: Is the Law an Assos?

A recent case before the English Court of Appeal (Roger Maier and Assos of Switzerland S.A. v Asos plc and Asos.com Ltd) considered the “own name defence” provided by EU ...

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Has Formula One met its Waterloo?

A recent (European) Court case (T-55/13) led to a somewhat surprising defeat for the owners of the trade mark rights in Formula One motor racing. In April 2008, Formula ...

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Introduction

Introduction

In this edition of Make Your Mark, we discuss cases in which the trade marks 101 and 501, Bull and Bulldog, Sky and Skype, Portobello Road No. 171 logo and Porto and Akti...

Read More
UK Court Diary

The Season of Goodwill Comes Early for Sky

“Does a claimant, who is seeking to maintain an action in passing off, only need to establish a reputation among a significant section of the public within the UK, ordoes...

Read More

Own Name Defence: Is the Law an Assos?

A recent case before the English Court of Appeal (Roger Maier and Assos of Switzerland S.A. v Asos plc and Asos.com Ltd) considered the “own name defence” provided by EU ...

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Snippets

Genuine Use of a CTM

The question of what constitutes genuine use of a CTM has caused much controversy in EU trade mark circles over the past 20 years. Some thought that the European Court’s ...

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Differing Views on the Similarity of Revolvo and V...

The extent of harmonisation of European trade mark law and practice was recently illustrated by two opposition decisions involving the trade marks Revolvo and Volvo. In ...

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Swatch Loses Swatchball Match

The European Court decision in Revolvo/Volvo, should be compared with another recent dispute that involved a consideration of Article 8(5) CTMR. In this case, the mark a...

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Intel inside Biointel not enough for Dilution

A more understandable decision in a case involving a well-known mark was given in the UK trade mark opposition between Retroscreen Virology and Intel Corporation (O-229-1...

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Bulldog tamed by Redbull

More on Red Bull, another recently published General Court decision (Red Bull GmbH v Sun Mark Ltd; T-78/13) confirms the hold that the Austrian company appears to have ov...

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Caviar and Champagne on Toast

How far can the owner of a well-known protected designation of origin, for example Champagne, extend its rights to prevent the laudatory use of its sign for entirely unre...

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Chicken Tikka still available at the Masala Empire...

Regular readers of Make Your Mark will be aware of the unjustifiably broad rights that are often given by OHIM and the European Court to the owners of earlier marks conta...

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european perspectives

The Sky's the Limit for Skype

Most people, in the UK at least, will now be familiar with the Skype brand for one-to-one Internet messaging and calls.  In fact, the brand has become so well-known that ...

Read More

Has Formula One met its Waterloo?

A recent (European) Court case (T-55/13) led to a somewhat surprising defeat for the owners of the trade mark rights in Formula One motor racing. In April 2008, Formula ...

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Acting on Impulse

The recent opinion of Advocate General Wahl in the European Court of Justice (CJEU) in Iron & Smith  v Unilever (C-125/14) considered the interrelationship between nation...

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To Begin at the Beginning

Two recent decisions of the (European) General Court highlight the approach taken when assessing the likelihood of confusion between two marks with identical, arguably no...

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Levi Strauss bars entry to Room 501

A recent ruling of the General Court (Levi Strauss v L&O Hunting Group; T-604/13) appears to have made a dent in the, what we thought to be, fairly established EU case-la...

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2D or not 2D, that is the question

 The Yoshida knife handles cases (Yoshida Metal Industry Co. v. Pi-Design, Bodum France and Bodum Logistics) continue their long and winding road. The cases must be an a...

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Out and About

Out and About

Jenkins News Tanya Buckley, a Senior Associate at RGC Jenkins & Co, has been listed in this year’s Euromoney Expert Guides, LMG Rising Stars in the UK for Trade Marks.  ...

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