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Lifestyle Management Ltd v Frater: domain names and instruments of fraud
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
Pointing domain names, which are similar to a former principal's website, to websites that closely resembled the home page of the former principal has been found to be an act of passing off
Cowshed Products Ltd v Island Origins Ltd: interim injunction and the risk of injustice
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
In a case that shows the difficulty of applying the American Cyanamid principles to passing off and trade mark infringement, the judge follows the approach in John Walker & Sons v Rothmans International and Management Publications v Blenhiem Exhibitions and examines where the risk of injustice lies
Sony Ericsson Mobile Communications AB v OHIM: movement mark and graphic representation
- McDermott Will & Emery
- -
- European Union
- -
- January 25 2011
Sony sought to register the mark illustrated below as a Community Trade Mark (CTM), filing during prosecution a written description of the mark's movement
Specsavers International Healthcare Ltd v Asda Stores Ltd: Asda “rides on the coat-tails” of Specsavers’ reputation
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In October 2009, Asda re-launched its optician services through a marketing campaign featuring the following logo and the straplines "be a real spec saver at Asda" and "spec savings at Asda"
Is a trade mark infringed by failure to identify the repackager of a parallel import?
- McDermott Will & Emery
- -
- Denmark, European Union
- -
- November 29 2011
In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports
Top jeans brand 7 For All Mankind could lose right to branded accessories over distinctiveness of “seven”
- McDermott Will & Emery
- -
- European Union
- -
- November 29 2011
In Seven SpA v OHIM T-17610 6 October 2011 (unreported) the General Court annulled decision of the Board of Appeal of the Office of Harmonization for the Internal Market (OHIM) that rejected an opposition against the mark SEVEN FOR ALL MANKIND on the basis that the Board had erred in finding that there was no similarity between that mark and earlier composite marks featuring predominantly the word “seven”
Nominet decisions may be subject to appeal to the High Court
- McDermott Will & Emery
- -
- United Kingdom
- -
- November 29 2011
In Michael Toth v Emirates 2011 EWPCC 18, his Honour Judge Birss QC, refused to strike out an application seeking to overturn a decision of a Nominet appeal panel that the registration of a domain name was abusive within the Nominet Dispute Resolution Service (DRS) Policy
Further CJEU guidance on keyword advertising and trade mark infringement
- McDermott Will & Emery
- -
- European Union, United Kingdom
- -
- 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
- -
- European Union, United Kingdom
- -
- 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
“The War of the Roses”: proportionality and use in accordance with honest practices
- McDermott Will & Emery
- -
- United Kingdom
- -
- November 3 2011
Samuel Smith Old Brewery v Philip Lee (ta Cropton Brewery) 2011 EWHC 1879 (Ch) concerns two breweries, Yorkshire pride, and a lost sense of proportionality
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- Workarea - Litigation
- Author - Francesco Mattina
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