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Results: 11-20 of 20
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
“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
Registrability of marks containing geographical indications of origin
- McDermott Will & Emery
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- European Union, Finland
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- November 3 2011
“Cognac” as a geographical indication (GI) cannot be used in a trade mark of a spirit drink not covered by that GI, as the commercial use of such a mark would harm the protected indication
Lifestyle Management Ltd v Frater: domain names and instruments of fraud
- McDermott Will & Emery
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- United Kingdom
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- 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
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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
Sony Ericsson Mobile Communications AB v OHIM: movement mark and graphic representation
- McDermott Will & Emery
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- European Union
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- 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
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- 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"
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
- -
- 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
National Guild of Removers & Storers Ltd v Christopher Silveria: damages assessed on the “user” principle
- McDermott Will & Emery
- -
- United Kingdom
- -
- 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
Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion
- McDermott Will & Emery
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- European Union
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- January 25 2011
In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported
Current Search
- Workarea - Trademarks
- Workarea - Litigation
- Firm Name - McDermott Will & Emery
- Author - Vincent Schröder
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