Home > Legal Opinions tagged ip

  • It’s all about how you couch it….

    Sara McNeill

    The Advertising Standards Authority (ASA) has banned Sofa King’s regional press ad which included the slogan “The Sofa King – Where the Prices are Sofa King Low!” after receiving three complaints. The ASA held the slogan could be “interpreted as derivative of a particular swear word which consumer research had found to be a word […]

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  • Government Strategy to open up access to IP for SMEs

    Richard Nicholas

    A Strategy published yesterday and highlighted by the IPO’s press release sets out measures to help small and medium size businesses protect their IP rights. The strategy picks up a number of proposals for the future (such as the creation of a register of IP advisors, online training tool, and provision of audits) and some […]

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  • Chinese Telecoms Firms under US Congressional Investigation

    Dave Drew

    The Chinese phone manufacturer ZTE plans to focus on manufacturing smartphone in a bid to crack the US telecommunications market. ZTE will move from producing lower-end ‘feature phones’ – a hugely successful export to emerging economies like India – and concentrate on fourth generation smartphones. This latest phase of ZTE’s phenomenal rise from its origins […]

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  • The Informed User is Clarified as Pepsi’s Pogs Fail to Appeal

    Ryan Harrison

    The European Court of Justice (ECJ) has followed the Advocate General’s opinion by dismissing an appeal against the General Court’s ruling that Pepsi’s design registration for “pogs” was invalid. The design was previously ruled invalid because it did not create a different overall impression on the informed user than an earlier Promer design. A key […]

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  • No surprises in repackaging ruling

    Giles Parsons

    The European Court of Justice has previously held that trade mark proprietors cannot object to pharmaceuticals being repackaged if repackaging is necessary to market the product, it does not affect the products’ condition, the packaging clearly identifies the repackager, is not defective, and the importer gives notice to the trade mark proprietor. Merck brought two […]

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  • Bunny battle settled

    Oliver Laing

    The long standing dispute between the creators of Miffy and Hello Kitty’s companion Cathy has finally been settled. Miffy, a small white female rabbit, was created in 1955 by Dick Bruna. Cathy, also a small white female rabbit, was created by Sanrio in 1976. In 2010 Mercis Media BV (Mr Bruna’s copyright management firm) brought […]

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  • How to silence an ex-colleague

    Richard Nicholas

    Whether it’s an angry ex-colleague, ex-employee or ex-director – if your business has valuable confidential information that it needs to protect, these people will inevitably know about it. When that person leaves – how do you stop them from disclosing information about your product or company to other suppliers? We looked at practical legal steps […]

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  • Fighting over flowers…

    Alex Kynoch

    M&S has purchased ‘interflora’ as an adword (a Google search for Interflora now displays an advertising link to M&S’ flower delivery service). Does M&S’ use of the word infringe Interflora’s trade mark rights? The Advocate General has now provided an opinion in the case of Interflora v Marks & Spencer stating that a trade mark […]

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  • A Dame, a Knight, and a new arena in which to joust

    Ryan Harrison

    The case of Dame Vivienne Westwood v Anthony Knight [2011] EWPCC 008 witnessed the first trial heard by HHJ Birss QC under the new Patents County Court (PCC) procedural rules. Issues of trade mark infringement, copyright infringement, and passing off aside, the judgment has attracted interest because of Judge Birss’ flexible and streamlined approach to […]

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  • Battle commences over Digital Economy Act

    Nick McDonald

    The Secretary of State for Culture Jeremy Hunt announced that Ofcom will review the feasibility of the blocking powers created by the Digital Economy Act. This perhaps shows that the Government has recognised that these powers, as currently envisaged, will be extremely difficult to implement and may do little to stem the tide of online […]

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