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Results:1-10 of 22

Fishy trade mark gets off the hook
  • Gowling WLG
  • United Kingdom
  • November 9 2011

In a judgment from HHJ Colin Birss QC, the High Court has considered the issue of passing off and specifically whether, in order to demonstrate goodwill in the UK, it is necessary to prove the existence of actual customers in the UK.


Interflora v M&S: further guidance in the AdWords minefield
  • Gowling WLG
  • European Union
  • September 23 2011

The latest case in the quest for clarification of trade mark law in relation to online use, particularly in relation to keywords (or "AdWords"), was handed down on 22 September.


The Court of Appeal highlights the risk of making groundless threats in settlement proceedings relating to trade mark disputes
  • Gowling WLG
  • United Kingdom
  • June 27 2011

The Court of Appeal in Best Buy Co. Inc and others v Worldwide Sales Corporation Espana S.L. (Court of Appeal (Civil Division),2011 EWCA Civ 618, judgment of Lord Neuberger of Abbotsbury, M.R.) has indicated that referring to infringing acts other than affixing, importing or supplying services under the trade mark, during without prejudice negotiations to settle a trade mark infringement dispute, may constitute an actionable threat.


Save the earth...and be sued?
  • Gowling WLG
  • USA
  • June 9 2010

The automobile manufacturer American Honda Motor Co. has been sued for trade-mark infringement in California by the environmental group Save the Earth, which objects to the presence of an actor wearing a T-shirt bearing its logo in a Honda Civic commercial.


Does the use of another trade mark as internet keyword infringe? The Advocate General doesn't think so
  • Gowling WLG
  • European Union
  • September 29 2009

In an opinion which many may find quite political, Advocate General Poiares Maduro has delivered his views to the European Court of Justice (ECJ) in the Google AdWords references.


Big boost for brands
  • Gowling WLG
  • United Kingdom, European Union
  • June 18 2009

In a dispute concerning downmarket fragrances intended to be smell-a-likes for several of L'Oreal's famous perfumes, the European Court of Justice (ECJ) has provided guidance to the UK Court of Appeal which will be welcomed by many brand owners.


Google suffers setback in Adword dispute in US Court of Appeals
  • Gowling WLG
  • USA
  • April 16 2009

The US Court of Appeals for the Second Circuit has allowed an appeal by Rescuecom that Google's use of Rescuecom's trade mark could amount to "use in commerce".


Landlord and tenant - service charge
  • Gowling WLG
  • United Kingdom
  • February 11 2009

In the first couple of months of the new year, it is common to hear complaints about the cost of Christmas.


Nick Cunningham
  • Gowling WLG

Bonita Trimmer
  • Gowling WLG