Refine your search

Content type
Tags
Firm name
Author
Jurisdiction
Industry
Language

430 results found

Commentary
Ask Lexy

Pinsent Masons | European Union, United Kingdom | 1 Aug 2022

Timely reminder? High Court judgment clarifies scope of section 10(3) trademark infringement injuries in context of digital watch face apps

The High Court recently considered trademark infringement in the context of apps. The judgment is noteworthy both for its assessment of the elements of infringement in that specific online environment and its consideration of the scope of the injuries in section 10(3) of the Trade Marks Act 1994 on which there is still relatively limited case law. The judgment may give optimism to rights......
Commentary
Ask Lexy

Pinsent Masons | United Kingdom | 25 Jul 2022

High Court ruling on approach to registrability of colours as UK trademarks

Justice Meade in the High Court recently explored how and when a colour can constitute a "sign" for the purposes of section 1(1) of the Trade Marks Act 1994, thereby helping applicants to define the acceptable parameters of a colour-based trademark application. A key takeaway from the judgment is that applicants for colour marks should ensure that the mark they seek to register gives clear......
Article
Ask Lexy

Gowling WLG | United Kingdom | 22 Jul 2022

Joining the celebrations: what brands can and can't do

Whenever there is a national or international cultural or sporting event, brands take centre stage in wanting to reflect the public interest and join…
Commentary
Ask Lexy

Pinsent Masons | United Kingdom | 20 Jun 2022

Advantage, applicant! UKIPO will not block third-party applications to register names of famous sportspeople as trademarks

A recent decision of the appointed person (AP) involving well-known footballers has highlighted the need for sportspeople and other famous individuals to take a proactive approach to brand protection in the United Kingdom. The AP highlighted that there is no legal or administrative requirement in the United Kingdom for a person requesting registration of a mark to make a claim to......
Commentary
Ask Lexy

Pinsent Masons | United Kingdom | 6 Jun 2022

Court of Appeal says litigants must exercise trademark rights with broader civil justice considerations in mind

In trademark infringement proceedings, the Court of Appeal has warned parties not to take unfair advantage of the civil justice system and instead to conduct litigation "with cards on the table – face up". Two key lessons can be learned from this judgment – namely, that trademark litigants need to be mindful of the need to act with propriety within the civil justice system, and that it is......
Article
Ask Lexy

Irwin Mitchell LLP | United Kingdom | 24 May 2022

Nike apply for digital trade marks for Virtual Goods in the Metaverse

Like a scene from Back to Future Part II (*but in present day 2022), it was widely reported back in November 2021 that Nike amongst other big brands…
Article
Ask Lexy

Bird & Bird LLP | United Kingdom | 13 May 2022

UK trade mark applications and bad faith

On 30 March 2022, the UKIPO’s Appointed Person reached a decision highlighting that ‘bad faith’ cannot be presumed by the UKIPO in trade mark…
Article
Ask Lexy

AA Thornton | United Kingdom | 11 May 2022

Even if your name is as famous as Ronaldinho, the UK IPO cannot raise ex officio bad faith objections

Mr Geoffrey Hobbs QC, sitting as the Appointed Person, assessed the legal competence of the UK IPO to raise bad faith as a ground of refusal of its…
Commentary
Ask Lexy

Pinsent Masons | United Kingdom | 25 Apr 2022

High Court says failure to carry out clearance searches risks loss of defence to trademark infringement claim

In a recent trademark infringement case culminating in what can reasonably be described as "David-and-Goliath-style" proceedings, the Intellectual Property Enterprise Court (part of the High Court) provided clarification around some important aspects of trademark infringement litigation in the United Kingdom, including counterclaims for revocation for non-use of a mark, the assessment of......
Article
Ask Lexy

Brodies LLP | United Kingdom | 6 Apr 2022

Waitrose v Asda - the Essentials of this trade mark dispute

Recent news reports (such as this one from the BBC) indicate that the employee-owned supermarket, Waitrose, has issued a letter to its competitor…
Previous page 1 2 3 ...