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  • ‘relevant public’ key to lack of similarity with Volvo trade mark

    Declan Cushley

    An OHIM decision to dismiss Volvo’s opposition to a figurative sign Community trade mark containing the word SOLVO has been upheld by the EU General Court. The SOLVO application covered class 9 goods to Volvo’s registration – computer programs for warehouse management systems and for container terminal systems. There was no likelihood of similarity between […]

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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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  • 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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  • A sticky situation – is this Marmite ad offensive?

    Oliver Sweeney

    The advert, first aired during Coronation Street last night, depicts Marmite jars being “rescued” from the backs of cupboards, in a parody of animal welfare patrol action. The ASA has already received 250 complaints, including that the ad is ‘deeply offensive’ as it ‘trivializes’ the work of both animal welfare charities and child protection agencies. […]

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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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  • commission orders repayment of illegal state aid provided to Spani...

    Alex Kynoch

    The Commission has released a decision today stating that a Spanish scheme for the purchase of ships through leasing and financing is “partly incompatible” with the rules on state aid. The effect of the decision is that Spain must recover the elements of aid which were illegal with the actual amounts to be determined by […]

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  • The meaning of one establishment

    Gemma Steele

    In a redundancy situation the duty to consult with employee representatives is engaged where 20 or more redundancies are proposed at one establishment within a period of 90 days. But what does “one establishment” mean? The EAT has confirmed in the case of USDAW v Woolworths that a purposive approach should be taken in line […]

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  • Blowing the whistle in the public interest

    Gemma Steele

    A number of provisions of the Enterprise and Regulatory Reform Act 2013 are in force tomorrow. This includes the requirement that a disclosure must be made “in the public interest” to protect a worker from detrimental treatment. This will narrow down the scope for employees to bring whistleblowing claims as an alternative to unfair dismissal. […]

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  • Changes are afoot

    Gemma Steele

    Yesterday the government made a number of important announcements relating to its ongoing employment law reforms. The key points are: There will be a cap on the compensatory award for unfair dismissal of 12 months’ pay. The statutory cap (currently £72,300) will still apply if 12 months’ pay is greater than the cap. A consultation […]

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