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Comparative advertising - smells-alike - defeat for truthful comparisons?
  • Davenport Lyons
  • European Union, United Kingdom
  • December 6 2012

A recent trade mark case heard by the European Court of Justice between L’Oréal and Bellure L’Oréal SA and others v Bellure NV and others 2010 EWCA Civ 535 appears to have given brand owners wide scope to prevent comparative advertising, even if comparisons are truthful

Maintain your goodwill
  • Locke Lord LLP
  • United Kingdom
  • October 29 2012

In the United Kingdom the protection of unregistered trademarks hinges on the ability to prove goodwill

A take-off, not a rip-off
  • ENSafrica
  • South Africa, United Kingdom
  • June 17 2014

The relationship between parody and IP rights comes up quite often. Just recently the Advocate General of Europe's highest court, the Court of

Descriptive trade marks cannot hide behind the “fig leaf of distinctiveness”
  • McDermott Will & Emery
  • United Kingdom
  • December 6 2012

In Starbucks (HK) Ltd and others v British Sky Broadcasting Group plc and others 2012 EWHC 3074 (Ch) the High Court of England and Wales has held that Starbucks’ figurative Community Trade Mark (CTM) was descriptive and therefore invalid

Losing the right to use your own name the Cipriani saga
  • EIP
  • United Kingdom
  • February 20 2013

In October 2008 a factually complex trade mark infringement and passing off case, involving the interpretation of agreements under Italian Law, came

Specsavers v Asda: registering logos and brand names separately
  • Mishcon de Reya LLP
  • European Union, United Kingdom
  • August 19 2013

A recent ruling from Europe's highest trade mark court in the battle between Specsavers and Asda has affirmed the advantage of registering logos and

CJEU rules on Specsavers -v- Asda
  • Dehns
  • European Union, United Kingdom
  • August 6 2013

In July 2013 the CJEU announced its ruling on Specsavers -v- Asda, a trade mark infringement dispute dating from 2009. The dispute began when Asda

The bath bomb battle - trademark and keywords considered again
  • Barker Brettell LLP
  • United Kingdom
  • February 24 2014

Cosmetic Warriors Ltd ("CW") has been successful in a UK High Court (HC) infringement action against Amazon.co.uk and Amazon EU Sarl ("Amazon"). CW

Don't go purple with rage over Cadbury
  • Dehns
  • United Kingdom
  • October 25 2012

The High Court recently rejected a challenge by Nestlé to Cadbury's application to register its colour purple for chocolate

Network interference - a legal guide to the commercial risks and rewards of the social media phenomenon
  • Reed Smith LLP
  • European Union, Global, United Kingdom, USA
  • April 22 2014

Social media is a revolution in the way in which corporations communicate with consumers. This White Paper will help you to maximise the huge