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Focal Point report
- Bird & Bird
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- United Kingdom
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- 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
Smell-alikes and interpretation of ‘unfair advantage’ L’Oréal v Bellure
- Bird & Bird
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- European Union
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- 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
Protected designation of originprotected geographical indication
- Bird & Bird
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- European Union
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- June 30 2009
The region of Emilia-Romagna in Italy imposed a penalty on Cavazzuti SpA, now Grandi Salumifici Italiani SpA (“GSI”), for using the name SALAME TIPO FELINO (in English, ‘Felino-type Salami’) on the label of its salami sausage in a way that was misleading to customers, thus infringing Article 2 of Directive 200013 relating to labelling, presentation and advertising of foodstuffs (as transposed into national law in Italy
Decisions of the High Court
- Bird & Bird
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- United Kingdom
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- 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
Reported TM cases
- Bird & Bird
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- European Union
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- 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
Scope of protection of state emblems
- Bird & Bird
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- European Union
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- 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
Personal names
- Bird & Bird
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- European Union
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- June 30 2009
Elio Fiorucci was a fashion designer who achieved certain renown in the 1970s in Italy
Restitutio in integrum: time-limits
- Bird & Bird
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- European Union
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- June 30 2009
On 24 August 2004, Aurelia Finance SA (the “Applicant”) was granted a CTM for the word mark AURELIA for various services in Class 36
Liability of internet service providers
- Bird & Bird
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- European Union, United Kingdom
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- June 30 2009
In this “AdWords” case, Arnold J decided to refer questions to the ECJ
“Smell-alikes” and comparative advertising
- Bird & Bird
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- European Union
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- June 19 2009
The European Court of Justice (the "ECJ") has handed down judgment in the L'Oréal smell-alike perfume trade mark case, giving guidance on whether the promotion of imitation products by comparison with famous brands is permissible under trade mark and comparative advertising legislation
Current Search
- Author - Zoe Fuller
