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Results: 1-10 of 22

Trade mark co-existence agreements find support in the High Court

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 6 2010

Solving a dispute over who can use a trade mark for what part of the market with a trade mark co-existence agreement is always a risky move

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

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

Advocate General opines on the meaning of acquiescence in Budweiser reference from UK Court of Appeal

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • February 10 2011

In the latest episode in this long-running trade mark battle, Advocate General Trstenjak's opinion addresses the nature of acquiescence, the time periods required for acquiescence and the interplay between the UK doctrine of honest concurrent use and acquiescence under EU trade mark law

Interflora - the sweet smell of success, or a muted victory for trademark owners?

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • September 26 2011

In Interflora v Marks & Spencer, the Court of Justice ("CJEU") has provided some clarification on the scope of trade mark protection where a competitor uses a registered mark as a keyword

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

Court of Appeal allows appeal in threats case trap for the unwary

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 1 2011

Section 21(1) of the Trade Marks Act 1994 ("TMA 1994") is a domestic provision of UK law that has no EU equivalent

Repackaging of pharmaceutical products - only the entity responsible need be named

  • Herbert Smith Freehills LLP
  • -
  • Denmark, United Kingdom
  • -
  • July 29 2011

On 28 July the Court of Justice of the European Union ("CJEU") handed down a preliminary ruling in two joined references from the Danish Supreme Court concerning whether a trade mark proprietor could object to the parallel import of pharmaceutical products on the basis that the entity named on the packaging, and holding the marketing authorisation, was not the same as the entity performing the physical repackaging

L'Oréal v eBay clarification of online marketplace operators' liability for its users' trade mark infringement

  • Herbert Smith Freehills LLP
  • -
  • European Union, Japan, United Kingdom
  • -
  • September 29 2011

On 12 July 2011, the Court of Justice of the European Union ("ECJ") handed down its highly anticipated decision in L'Oréal SA v eBay International AG

High Court comments on mediation in Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as "Cropton Brewery") 2011 EWHC 1879 (CH)

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 6 2011

The High Court has held that Cropton Brewery infringed Samuel Smith's registered trade mark for a stylised white rose device and committed passing off by using one of its labels incorporating a white rose device for "Yorkshire Warrior" beer

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