Home > Legal Opinions tagged Intellectual Property

  • court fees consultation to increase civil claims costs

    James Arrowsmith

    A consultation on court fees proposes that parties to some civil and commercial claims could subsidise other cases, and pay for investment in the court system. Family work in the civil courts costs more than the fees generated, while other areas such as injury and commercial claims have been broadly self funding.

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  • Puma application for invalidity of RCD upheld by General Court

    Susie Orton

    The General Court upheld the OHIM’s decision that a registered community design (RCD) of a jumping animal was invalid on the basis that it did not have individual character. The court rejected the claim that there were substantial differences between the RCD and the Puma logo concluding whether it was a domestic cat or wild […]

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  • one step beyond – Sainsbury takes ASA to judicial review

    Oliver Sweeney

    Sainsburys says that the Advertising Standards Authority were wrong to reject its recent complaint about the Tesco Price Promise – and they are so aggrieved that they have requested judicial review of the ASA’s decision. In particular, Sainsbury’s say that the Price Promise campaign fails to take into account significant differences when it is comparing […]

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  • Court of Appeal upholds the cancellation of Mattel’s Scrabble tile...

    Susie Orton

    The Court of Appeal upheld an earlier decision to cancel Mattel’s UK registration for a Scrabble tile. No examples of how the Scrabble tile might ultimately look were given in the registration. Zynga, who applied for cancellation suggested several options that show the large number of permutations that the registration could cover. These include 3M, […]

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  • Court of Appeal reverses Cadbury purple trade mark decision

    Ryan Harrison

    The Court of Appeal has taken a u-turn on an earlier decision, granting Cadbury a trade mark registration for a shade of purple (Pantone 2685C) synonymous with its Dairy Milk chocolate bar. In the present case, Sir John Mummery stated the mark “lacks the required clarity, precision, self-containment, durability and objectivity to qualify for registration”. […]

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  • Golden Balls victorious in Europe

    Laura Mackenzie

    The General Court of the European Union (‘GCEU’) has allowed [Case T‑437/11] Golden Balls Ltd’s appeal against a (much criticised) OHIM Board of Appeal decision that its Community trade mark application for ‘GOLDEN BALLS’ was confusingly similar to the earlier Community trade mark ‘BALLON D’OR’ (or ‘golden ball’ – owned by French-based Intra-Presse) for goods […]

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  • will the US trade representative veto a second time?

    Daniel Whebell

    In June this year, the United States International Trade Commission (ITC) ruled that certain Apple products such as the iPad 2 and iPhone 4, infringe Samsung patents relating to the transmission of data and so banned the importation and sale of these products. However, the United States Trade Representative (USTR) then stepped in and vetoed […]

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  • Allergan becomes latest big pharma stung by India’s IPAB

    Richard Roberts

    The Indian pharmaceutical market, worth $13 billion a year, is a tempting prospect for multinational drug companies. However, emerging case law from India’s Intellectual Property Appellate Board (IPAB) is causing big pharma to question whether the playing field is truly level as patents topple to domestic rivals. The latest decision, delivered on 9 August 2013, […]

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  • Rihanna case shows developments to passing off

    Giles Parsons

    Rihanna has successfully sued Topshop in passing off for selling a t-shirt bearing her photograph. There is no freestanding image right in England, so the claim was brought in passing off. Selling clothes bearing someone’s image is not itself passing off; there must be a false representation that a product is endorsed. Other than the […]

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  • patent infringement threats!

    Mark Daniels

    If you’re unjustifiably threatened with patent infringement and cease activities as a result, you can in certain circumstances bring an action and recover damages. That’s precisely what happened here. Clariant Produkte (Deutschland) GbmH, a well known manufacturer of organic pigments wrote to Sudarshan Chemical Industries Ltd (another such manufacturer) about one of Sudarshan’s products, saying: […]

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Gemma Steele academies trade marks employment schools advertising Hayley Roberts NHS Nichola Evans Dai Durbridge government free schools child protection Laura Richards litigation James Arrowsmith Oliver Sweeney Department for Education adult safeguarding Fiona Carter education Social Care Richard Nicholas copyright Mark Blois local authorities Intellectual Property advertising standards authority Richard Freeth Public Sector Sarah Erwin-Jones Brands further education Ofsted teachers Court of Appeal Browne Jacobson LLP Claims Nina Best Browne Jacobson