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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

Cowshed Products Ltd v Island Origins Ltd: interim injunction and the risk of injustice

McDermott Will & Emery
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United Kingdom
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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

“The War of the Roses”: proportionality and use in accordance with honest practices

McDermott Will & Emery
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United Kingdom
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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

Wella fails to prove distinctiveness of SHAPER mark

McDermott Will & Emery
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United Kingdom
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February 29 2012

In Wella Corporation v Alberto-Culver Company 2011 EWHC 3558 (Ch), the UK High Court upheld the decision of a UK Intellectual Property Office Hearing Officer who rejected the application by Wella Corporation to invalidate the Alberto- Culver Company mark FUNKY SHAPER based on Wella’s earlier Community trade mark for SHAPER

La Chemise Lacoste SA and Baker Street Clothing Ltd (ALLIGATOR): word and device marks, conceptual similarity and likelihood of confusion

McDermott Will & Emery
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United Kingdom
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January 25 2011

In La Chemise Lacoste SA and Baker Street Clothing Ltd (ALLIGATOR) BL 0-333-10 16 September 2010, Geoffrey Hobbs QC allowed an appeal by Baker Street Clothing Ltd in respect of its opposed applications to register the word ALLIGATOR as a UK trade mark

Specsavers International Healthcare Ltd v Asda Stores Ltd: Asda “rides on the coat-tails” of Specsavers’ reputation

McDermott Will & Emery
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United Kingdom
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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"

Composite marks: identity, similarity and likelihood of confusion

McDermott Will & Emery
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United Kingdom
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March 30 2012

In Ghias (ta Griller) v Ikram 2012 EWPCC 3, Miss Recorder Michaels, sitting in the Patents County Court, partly upheld but largely dismissed claims of infringement under Section 10(1), (2) and (3) of the Trade Mark Act 1994 brought by a fast food business chain trading as “Griller”, against three similar businesses trading as “Griller”“The Griller Original”, “The Griller King” and “Griller Hut”

Nominet opens registration of short .uk domains: registered rights sunrise

McDermott Will & Emery
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United Kingdom
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January 25 2011

The initial sunrise period for registration of "short" domain names in the United Kingdom was opened by Nominet, the registry for .uk domain names, on 1 December 2010 and closed on 17 January 2011

National Guild of Removers & Storers Ltd v Christopher Silveria: damages assessed on the “user” principle

McDermott Will & Emery
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United Kingdom
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January 25 2011

In National Guild of Removers & Storers Ltd v Christopher Silveria 2010 EWPCC 15, His Honour Judge Birss QC, sitting in the Patents County Court, has found that damages assessed on the "user" principle are available in cases of trade mark infringement and passing off in the same way as in patent infringement cases