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Results: 1-10 of 18

Composite marks: identity, similarity and likelihood of confusion
  • McDermott Will & Emery
  • United Kingdom
  • March 30 2012

In Ghias (ta Griller) v Ikram 2012 EWPCC 3, Miss Recorder Michaels, sitting in the Patents County Court, partly upheld but largely dismissed claims of infringement under Section 10(1), (2) and (3) of the Trade Mark Act 1994 brought by a fast food business chain trading as “Griller”, against three similar businesses trading as “Griller”“The Griller Original”, “The Griller King” and “Griller Hut”


CJEU considers effect of honest concurrent use in Budweiser reference
  • McDermott Will & Emery
  • United Kingdom, European Union
  • 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


High Court declares ASOS UK trade mark not detrimental to ASSOS CTM
  • McDermott Will & Emery
  • United Kingdom
  • May 8 2014

In Maier v Asos plc 2014 EWHC 123 (Ch), the High Court of England and Wales has rejected a challenge to the registration of the UK trade mark ASOS


High Court restrains use of QUEENSBERRY mark for sports equipment
  • McDermott Will & Emery
  • United Kingdom
  • May 8 2014

In Boxing Brands Limited v Sports Direct International Plc and others 2014 EWHC 91 (Ch), the High Court of England and Wales found that the


IP Enterprise Court holds IDEAL HOME mark not infringed by ideal home show online retail shop
  • McDermott Will & Emery
  • United Kingdom
  • January 22 2014

The Intellectual Property Enterprise Court (formerly known as the Patents County Court) has rejected IPC Media Ltd's claim for infringement in


Court of Appeal of England and Wales confirms that figurative CTM for “NOW” is descriptive and invalid
  • McDermott Will & Emery
  • United Kingdom
  • December 16 2013

In Starbucks (HK) Ltd and others v British Sky Broadcasting Group plc and others 2013 EWCA Civ 1465, the Court of Appeal of England and Wales


Wella fails to prove distinctiveness of SHAPER mark
  • McDermott Will & Emery
  • United Kingdom
  • 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


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


Specsavers International Healthcare Ltd v Asda Stores Ltd: Asda “rides on the coat-tails” of Specsavers’ reputation
  • McDermott Will & Emery
  • 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
  • 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