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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
Further CJEU guidance on keyword advertising and trade mark infringement
- McDermott Will & Emery
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- European Union, United Kingdom
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- November 3 2011
In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement
CJEU considers effect of honest concurrent use in Budweiser reference
- McDermott Will & Emery
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- European Union, United Kingdom
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- November 3 2011
In Budějovický Budvar, národní podnik v Anheuser-Busch, Inc, C- 48209 (22 September 2011), the Court of Justice of the European Union (CJEU) ruled that both Anheuser-Busch and Budvar can continue to use the BUDWEISER trade mark in the United kingdom as there had been a long period of honest concurrent use
This bud’s for both of us: Court of Justice of the European Union considers effect of honest concurrent use in Budweiser reference
- McDermott Will & Emery
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- European Union, United Kingdom
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- October 31 2011
In a reference from the UK Court of Appeal in this long-running dispute between Anheuser-Busch and Budvar, the Court of Justice of the European Union has ruled that both parties can continue to use the trademark BUDWEISER in the United Kingdom
Potential clarification of counterfeits in transit
- McDermott Will & Emery
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- European Union, United Kingdom
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- March 31 2011
Advocate General (AG) Cruz Villalón of the Court of Justice of the European Union (CJEU) provided his opinion recently on the detention by UK Customs of fake goods that were in transit to a non-EU country
Oracle America Inc (formerly Sun Microsystems Inc) v MTech Data Ltd: “euro-defences” at least arguable
- McDermott Will & Emery
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- European Union, United Kingdom
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- November 4 2010
In Oracle America Inc (formerly Sun Microsystems Inc) v MTech Data Ltd 2010 EWCA Civ 997, the Court of Appeal of England and Wales has overturned Mr Justice Kitchin's decision to grant summary judgment to Oracle America Inc in respect of its claim for registered trade mark infringement in relation to certain parallel imports made by M-Tech Data Ltd
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