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Results: 1-10 of 78

Exhaustion, economic links and “unitary control” - the AG’s opinion in the Schweppes trade mark reference
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • September 12 2017

Trade mark rights may still be exhausted even if goods are imported bearing identical trade marks (having been applied in another EU Member State


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


European Court "snaps" at KitKat 3D trade mark - law on shape marks clarified
  • Herbert Smith Freehills LLP
  • European Union
  • September 16 2015

The CJEU handed down its judgment today in Société des Produits Nestlé v Cadbury UK (C-21514), in a case involving the registerability of the shape


CJEU decision demonstrates high hurdle for resisting recognition or enforcement of EU member state judgment on grounds of public policy
  • Herbert Smith Freehills LLP
  • European Union
  • August 13 2015

The difficulties of trying to resist recognition of a judgment from another EU member state court on the basis that it is manifestly contrary to


Lego figures: heads, bodies and limbs have no technical function
  • Herbert Smith Freehills LLP
  • European Union
  • June 17 2015

The General Court has dismissed an application for a declaration of invalidity in respect of a three-dimensional Community trade mark for a Lego man


Court of Justice refuses SKYPE trade mark on basis of likelihood of confusion with SKY
  • Herbert Smith Freehills LLP
  • European Union
  • May 8 2015

In refusing Skype Ultd's application to annul OHIM's earlier decision to refuse Skype's CTM applications for the figurative and word sign SKYPE, the


No need to be puzzled the Rubik's Cube is a valid shape mark
  • Herbert Smith Freehills LLP
  • European Union
  • November 27 2014

The General Court of the European Union has dismissed a Cancellation action by Simba Toys in respect of the Community trade mark registration for the


Layouts of retail stores as trade marks: CJEU rules in Apple Inc v Deutsches Patent-und Markenamt
  • Herbert Smith Freehills LLP
  • European Union
  • July 14 2014

On 10 July 2014, the Court of Justice of the European Union ("CJEU") handed down its judgment in the dispute between Apple Inc v Deutsches Patent-


Cadbury lose trade mark for the colour purple in the Court of Appeal but Mattel's Scrabble tile mark is still invalid
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • October 7 2013

On 4 October 2013, the Court of Appeal handed down judgments in the cases of Societé des Produits Nestlé SA v. Cadbury UK Limited