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Results: 1-10 of 10

Specsavers v ASDA - a real eye-opener?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 13 2010

The High Court has held that one of ASDA's marketing straplines used to promote its in-store optician took unfair advantage of Specsavers' Community Trade Marks (CTM) under Article 9(1)(c) of the CTM Regulation, but rejected its infringement claims made under Article 9(1)(b) and for passing-off

Food Channel Network partially successful in establishing use of the Food Channel logo

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • July 8 2010

The latest Federal Court judgment concerning the ongoing trade mark dispute between Food Channel Network Pty Ltd (Food Channel Network) and Television Food Network G.P. (Television Food Network) varies a 2008 decision of the delegate of the Registrar of Trade Marks to remove THE FOOD CHANNEL logo trade mark registration (2010 FCA 703, 5 July 2010

Comparative advertising in the UK

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • July 6 2010

A critical Court of Appeal case (L'Oreal v Bellure, 21st May) appears to have significantly limited the use of competitors' trade marks in certain types of comparative advertising

A mixed bouquet for Marks & Spencer in Europe as the Advocate General gives his opinion on keyword advertising in Interflora

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • March 24 2011

In Interflora v Marks & Spencer, the Advocate General today agreed that advertisers should be able to "bid" on competitors' famous trade marks in search engine keyword advertising in order to present themselves as a commercial alternative, without being found unlawfully to have taken unfair advantage of the reputation of those competitors

Government responds to the Hargreaves Review

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 5 2011

The Government has published its response to Professor Ian Hargreaves' independent review of IP and growth, Digital Opportunity

General counsel update: 31 May 2012

  • Herbert Smith Freehills LLP
  • -
  • Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
  • -
  • May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

CAP issues advice on advertising in relation to the Queen's Diamond Jubilee

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 21 2012

This year marks the Diamond Jubilee of Queen Elizabeth II

Formula One wins appeal against OHIM

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • May 24 2012

The CJEU handed down its judgment today in Formula One Licensing BV v OHIM and Global Sports Media Ltd C-19611 P

Kingspan v Rockwool - boundaries of legitimate comparative advertisements tested

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 24 2011

The High Court has given judgment in an innovative ruling granting declarations of fact on whether comparative advertising satisfied the Misleading and Comparative Advertising Directive

Challenges to Australia’s tobacco plain packaging legislation round 1 to the Australian government

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • October 17 2012

In 2011, the Australian government passed the Tobacco Plain Packaging Act

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