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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
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"
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
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
Foreign companies need actual customers in the United Kingdom to establish passing off
- McDermott Will & Emery
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- United Kingdom
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- November 29 2011
In Plentyoffish Media Inc v Plenty More LLP 2011 EWHC 2568 (Ch), the High Court of England and Wales has held that a foreign company’s reputation in the United Kingdom does not equate to goodwill in the United Kingdom and that actual customers are needed to bring an action in passing off
Nominet decisions may be subject to appeal to the High Court
- McDermott Will & Emery
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- United Kingdom
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- 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
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- Workarea - Trademarks
- Workarea - Litigation
- Jurisdiction - United Kingdom
- Author - Rohan Massey
- Author - Boris Uphoff
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