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Zoe Fuller Bird & Bird

Results 1 to 5 of 19



Focal Point report *

United Kingdom - November 11 2009
High Court Judge has granted summary judgment to prevent a party, whose registered trade mark had been invalidated at the Trade Marks Registry on the basis of an earlier unregistered right, from defending itself in passing off proceedings before the High Court.

Co-authors: Katharine Stephens.


Smell-alikes and interpretation of ‘unfair advantage’ – L’Oréal v Bellure *

European Union - August 1 2009
The European Court of Justice (ECJ) has given a landmark ruling on the permissibility of advertisements that compare imitation products with well-known brands and has provided clarity on the ambit of "unfair advantage" under Article 5(2) of the Trade Marks Directive.


Reported TM cases *

European Union - June 30 2009
The ECJ dismissed the appeal by Waterford Wedgewood against the CFI’s decision that that there was no likelihood of confusion under Article 8(1)(b) between the marks.

Co-authors: Katharine Stephens, Alice Sculthorpe.


Scope of protection of state emblems *

European Union - June 30 2009
The AG recommended that the ECJ set aside the CFI’s judgment in this case in so far as it held that Article 7(1)(h), in conjunction with Article 6ter of the Paris Convention, did not apply to service marks.

Co-authors: Katharine Stephens, Alice Sculthorpe.


Decisions of the High Court *

United Kingdom - June 30 2009
Geoffrey Hobbs QC (sitting as a Deputy High Court Judge) dismissed Daimler’s application for summary judgment in an action for trade mark infringement and passing off.

Co-authors: Katharine Stephens, Alice Sculthorpe.


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