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Category Archives: Trade Marks
Trade Mark Review: Snickers versus Kickers
In the case of Hultafors Group AB (Hultafors) V OHIM (Case T-537/11, April 19 2013), the decision of the Fourth Board of Appeal was upheld by the General Court confirming that there was a likelihood of confusion between a figurative Community trademark application incorporating the word ‘SNICKERS’ and an earlier Italian registration for the word mark ‘KICKERS’ in Class 25. Both marks covered goods including ‘clothing, footwear and headgear’. (more…)
Trade Mark Tribunal – Fast Track Opposition Procedure at the UKIPO
Back at the beginning of May we looked at a consultation that was running at the UKIPO which sought the views of users and potential users of the UK national trade mark registration system about the introduction of a lower cost “fast track” opposition based on earlier registered or pending marks (see original post here). The consultation closed on 17 May 2013 and the Government’s response was released recently. In this post we take a quick look at the consultation again and the Government’s response.
SkyDrive v Sky: Microsoft lose against BSkyB over the use of the term “Skydrive”
BSkyB, the British Satellite Broadcasting company has won a case against the American multinational software corporation (Microsoft) in actions for passing off and for infringement of two CTM Registrations and two UK trade mark registrations for SKY. By way of these actions, BSkyB sought to prevent Microsoft from using “SkyDrive” as the name for their cloud storage service in Europe.
In a counterclaim, Microsoft filed for a declaration of partial invalidity in respect of the SKY trade marks on the grounds of descriptiveness for cloud storage services. (more…)
3D printing – seminar review
On 26 June 2013 Field Fisher Waterhouse held an excellent afternoon seminar on “Developments in UK and EU patent law”. David Knight’s session on 3D printing (“3D Printing – A licence to infringe IP rights?”) was particularly interesting as it looked at the implications for intellectual property rights owners arising from the developing field of 3D printing.
In this post we provide a (hopefully accurate!) recap of David’s talk and a look at the world of 3D printing. (more…)
New dimension to Louboutin’s Red Sole Saga
Louboutin’s Trade Mark 008845539
The famous brand of shoes with heels and oversized red soles, which since 1992 has been so successful for their creator Louboutin, has long been immersed in a somewhat uncertain legal environment. Now a Dutch Court Adds New Dimension to Red Sole Saga by finding infringement, by Van Haren, of Louboutin’s red sole trade mark. (more…)
Cycling, le Tour Cycliste Féminin and a case of trade mark infringement
On the 21st July 2013, Chris Froome became the second British person ever to win the Tour de France. It was a great day for Britain and for British cycling. The Tour has always been considered as the pinnacle of any professional road cyclist, anyone who wins the tour will have their name etched in cycling history forever, look at Lance Armstrong, he made his mark in cycling did he not?
However, how many people have heard of Nicole Cooke, first Brit and two time winner of the Tour de France … Féminin! You would have thought that that the Tour de France Féminin, would also be the highlight of the year for all female cyclists. Sadly due to the lack of public interest in women cycling, sponsorship each year for the tour was very hard to come by. For many years, stages were held inside cities because they would contribute money towards the tour; this in turn led to long transfers from one stage to the next. (more…)
Trick or Treat – India Joins Madrid Protocol from July 8, 2013
Today on IPcopy we are pleased to welcome guest contributor Vaibhav Vutts from Vutts & Associates LLP, Advocates who is talking about India joining the Madrid Protocol.
The Madrid Protocol [‘Protocol]’comes into force in India from today, July 8, 2013, making India the one of the 90 countries in the Madrid System- 89 members of Madrid Protocol and the lone ranger Algeria as the only member of Madrid Agreement. Now applicants can designate India and get trade mark protection or “international registration” in India based on a ‘basic application’ or ‘basic registration’ in a Protocol member country. (more…)
Name that IP Right – A Cheat-Sheet
Are you writing about Intellectual Property Rights?
Are you writing about the right Intellectual Property Rights?
Experience suggests there’s a good chance you aren’t (see ipcopymark on this subject here). But don’t worry, IPcopy is here to help! Here’s a handy flow chart you can follow to make sure you don’t get your trade marks confused with your design rights, or your patents confused with your copyright. Run through it if you find yourself about to type a phrase like “Company X have patented the copyright in this technology” or “the manufacturing process infringes Company Y’s trade marks“. And if you’re still stuck, feel free to drop us a line to check!
IP – Hit or Miss? Patenting the socks off of your copyright (TM)
Not another newspaper article about IP! (Image from flickr – Brandon Grasley – source link below)
OK, before we begin, please note that this could turn into a mild rant. There, you’ve been warned.
One of the recurring topics on this blog is the series of articles called “IP – Hit or Miss?” which we use to analyse the representation of intellectual property (IP) in films, TV and the media. We’ve generally focussed on film and TV references but recently I’ve noticed a number of articles in the press where the terms “patent”, “trade mark” and “copyright” have been used seemingly interchangeably. Now come on guys, it’s not that hard to get it right? Is it?
Well, maybe it is. So it’s time to name and shame and then educate. In the words of Popeye “That’s all I can stand, I can’t stands no more”.
Croatia join European Union
Croatia joined the European Union today, 1 July 2013, to become the 28th member state of the union.
Croatia’s accession to the EU has an impact on Community Trade Marks (CTMs), Registered Community Designs and potentially the unitary patent system. (more…)
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