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High Court of England and Wales protects "Greek yoghurt”

McDermott Will & Emery
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United Kingdom
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April 30 2013

In Fage UK Ltd & Anor v Chobani UK Ltd & Anor 2013 EWHC 630 (Ch), the English High Court has found that the term "Greek yoghurt" has a particular

Survey evidence admitted in trade mark dispute

McDermott Will & Emery
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United Kingdom
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April 15 2013

Interflora Inc and another v Marks and Spencer plc and another 2013 EWHC 273 (Ch), 21 February 2013 is another example of the application of the

High Court of England and Wales allows survey evidence in Greek yoghurt passing off case

McDermott Will & Emery
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United Kingdom
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February 7 2013

In Fage UK Ltd and another v Chobani UK Ltd and another 2012 EWHC 3755 (Ch), the High Court of England and Wales allowed Chobani's request to

Scrabble tile trade mark declared invalid

McDermott Will & Emery
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United Kingdom
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January 9 2013

In J.W. Spear & Sons Limited & Ors v Zynga, Inc 2012 EWHC 3345 (Ch), the High Court of England and Wales declared invalid a trade mark registered to

Descriptive trade marks cannot hide behind the “fig leaf of distinctiveness”

McDermott Will & Emery
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United Kingdom
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December 6 2012

In Starbucks (HK) Ltd and others v British Sky Broadcasting Group plc and others 2012 EWHC 3074 (Ch) the High Court of England and Wales has held that Starbucks’ figurative Community Trade Mark (CTM) was descriptive and therefore invalid

High Court confirms Cadbury’s purple trade mark

McDermott Will & Emery
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United Kingdom
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November 7 2012

In Société Des Produits Nestlé S.A. v Cadbury UK Ltd 2012 EWHC 2637, the High Court of England and Wales has dismissed attempts by Nestlé to prevent the registration by Cadbury of the colour purple for various forms of milk chocolate

Court of Appeal of England and Wales provides guidance on approaching applications for stay of infringement proceedings

McDermott Will & Emery
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United Kingdom
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November 7 2012

The Court of Appeal has upheld two decisions from the Board of Appeal of the Office of Harmonization for the Internal Market (OHIM) (Starbucks (UK) Ltd v British Sky Broadcasting Group plc and others; EMI (IP) Ltd and others v British Sky Broadcasting Group plc and another 2012 EWCA Civ 1201), concerning applications for stay of Community trade mark (CTM) infringement proceedings and parallel invalidity actions before OHIM

UK IPO publishes practice amendment notice on the interpretation of trade mark specifications

McDermott Will & Emery
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European Union, United Kingdom
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September 17 2012

In Practice Amendment Notice 0112, the United Kingdom Intellectual Property Office has clarified its approach to the interpretation of the specifications of trade mark applications in light of the Court of Justice of the European Union’s ruling in Case C-30710 Chartered Institute of Patent Attorneys v Registrar of Trade Marks

Use of “fine” for estate agency services constitutes passing off and trade mark infringement

McDermott Will & Emery
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United Kingdom
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September 17 2012

In Fine & Country Limited and others v Okotoks Limited and others 2012 EWHC 2230 (Ch), 31 July 2012, the High Court of England and Wales has held that use of the word “fine” in relation to the provision of estate agency services constituted passing off and infringement of the “Fine & Country” trade mark, dismissing Okotoks Limited’s claims for revocation of the marks

High Court holds that replica alloy wheels infringe BMW’s Community Registered Designs

McDermott Will & Emery
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United Kingdom
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September 17 2012

In Bayerische Motoren Werke Aktiengesellschaft v Round and Metal Ltd and another 2012 EWHC 2099 (Pat), 27 July 2012, the High Court of England and Wales has held that replica alloy wheels for BMW and MINI cars infringed BMW’s Community Registered Designs

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