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Results: 1-10 of 36

Court of Appeal foils Kit Kat on acquired distinctiveness
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • May 19 2017

In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's


"We'll sue you if you don't stop " more flexibility to threaten IP proceedings under new unjustified threats legislation in the UK
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • May 3 2017

Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is


High Court refuses permission to carry out survey in black cabs passing off case
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 17 2015

An application by The London Taxi Company for permission to carry out a survey and adduce survey evidence in support of its claim in passing off


Supreme Court has the final say on passing off: you need UK customers to establish goodwill in the UK.
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 15 2015

In the case of Starbucks (HK) Limited and another v British Sky Broadcasting Group plc and others (2015 UKSC 31), the Supreme Court reaffirmed that


SCRABBLE misses out on double word score in app dispute
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 2 2015

In the recent case of J.W. Spear & Sons Ltd & Others v Zynga Inc 2015 EWCA Civ 290 the Court of Appeal considered trade mark infringement and


The dangers of descriptive or laudatory brand names
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 2 2015

Whilst it is tempting to use descriptive words or superlatives as brand names - they are easily picked up by consumers and tell the potential


Not enough room on the road for Europcar logo: High Court holds Europcar's 'e' logo infringes Enterprise's 'e' device mark
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 19 2015

The High Court has held that Europcar's use of a logo comprising a stylised lower case 'e' on a green background infringes Enterprise's Community


Court of Appeal sends Interflora back to the High Court (again) for retrial with Marks and Spencer
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 6 2014

The Court of Appeal has allowed Marks and Spencer's appeal in part and remitted the case to the High Court for a retrial of the infringement claims


Internet service providers ordered to block sites selling counterfeits
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 23 2014

On 17 October 2014, Arnold J handed down his landmark judgment in Cartier, Montblanc and Richemont v BSkyB, BT, TalkTalk, EE and Virgin 2014 EWHC


Court of Appeal finds genuine use of Specsavers logo in final instalment of Specsavers v Asda
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 17 2014

On 15 October 2014, the Court of Appeal handed down its judgment in Specsavers International Healthcare Ltd and others v Asda Stores Ltd and the