Home > Legal Opinions tagged Trade mark

  • Innocent logo dispute provides much food for thought

    Peter Ellis

    Who owns the copyright in graphic work such as logos prepared by design agencies on behalf of their clients is not as straightforward as it might seem when the parties have not made their position clear at the outset of the relationship. Two companies faced prolonged and difficult litigation involving hearings at the European trade […]

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  • possible EU design right defence for spare parts manufacturers?

    Nicola Hill

    In a case involving Ford Motor Company concerning the unauthorised manufacturer of wheel trims bearing Ford’s trade mark, the Italian tribunal of Torino has requested a preliminary ruling by the CJEU (Case C-500/14). It has posed two questions, which essentially enquire whether Article 14 of Directive 98/71 and Article 110 of Regulation (EC) No.6/2002 (both […]

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  • trade mark puzzle solved - Rubik’s Cube 3D CTM found valid

    Bonita Trimmer

    The community trade mark (CTM) for the shape of the famous Rubik’s cube puzzle has been found valid this week by the General Court. Simba Toys sought cancellation of Seven Town’s CTM on various grounds including that the mark consisted exclusively of the shape of goods “which is necessary to obtain a technical result” and […]

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  • website blocking order awarded to combat trade mark infringement

    Declan Cushley

    Mr Justice Arnold in the High Court has awarded Cartier, Montblanc and Richemont an order requiring defendant Internet Service Providers (ISPs) to block or impede access by subscribers to six websites advertising and selling counterfeit goods and thereby infringing the claimant’s trade marks. Similar orders have previously been made for copyright infringement under s97A of […]

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  • finding of 'genuine use' ends the Specsavers trade mark saga

    Annabel Sinclair

    The Court of Appeal has concluded that Specsavers’ extensive use of its green shaded logo mark containing the word Specsavers in white also constitutes ‘genuine use’ of its wordless logo mark (two overlapping ovals registered in black and so in respect of all colours). Specsavers’ wordless mark will therefore remain on the register. This is […]

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Nichola Evans academies James Arrowsmith Brands Mark Blois Sarah Erwin-Jones Ofsted schools Browne Jacobson LLP Laura Richards advertising Dai Durbridge High Court child protection Intellectual Property Social Care Richard Nicholas employment Court of Appeal free schools government Richard Freeth Public Sector NHS Gemma Steele personal injury local authorities copyright DfE Hayley Roberts trade marks education teachers Data Protection insurance litigation Department for Education Browne Jacobson Claims Fiona Carter