Archive for the 'trade marks' Category

Transport directory infringed Yellow Pages trade marks, court finds – OUT-LAW.com

“The use of ‘yellow pages’ in the domain http://www.transport-yellow-pages.com breached trade mark regulations, a court has ruled. A person finding the website in the UK could think it belonged to Yell, the England and Wales Patent County Court said.”

Full story

OUT-LAW.com, 14th April 2011

Source: www.out-law.com

Community trade mark court rulings should apply across the EU, ECJ rules – OUT-LAW.com

“Rulings by Community trade mark courts should in most cases apply across the EU and not just in the country in which they were made, the European Court of Justice (ECJ) has said.”

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OUT-LAW.com, 13th April 2011

Source: www.out-law.com

Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) – WLR Daily

Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) (Case T-222/09); [2011] WLR (D) 53

“In opposition proceedings against registration of a trade mark pursuant to article 42 of Council Regulation (EC) No 40/94, the opposing party was not obliged to adduce evidence in support of the opposition. Whilst in relation to proceedings relating to relative grounds for refusal the Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs) could take into account facts which were likely to be known by anyone or which might be learned from generally accessible sources, it was not, however, entitled to exceed the conditions governing examination set out in article 74 of Regulation 40/94.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Trademark law: bar is lowered for claims of infringement – The Guardian

“The US doctrine of ‘initial interest confusion’ applies in England, a court has decided.”

Full story

The Guardian, 29th October 2010

Source: www.guardian.co.uk

High Court confirms ‘initial confusion’ as principle of EU trade mark law – OUT-LAW.com

“Trade mark infringement can take place even if a buyer is only confused about one company appearing to be another at the very start of the purchasing process, the High Court has ruled.”

Full story

OUT-LAW.com, 26th October 2010

Source: www.out-law.com

Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others – WLR Daily

Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others [2010] EWHC 2599 (Ch) ; [2010] WLR(D) 265

“Purely internal use of a trade mark by its proprietor was not ‘genuine use’ of that mark and that internal use was not ‘use’ of a mark as a trade mark at all. It was not use as part (or even preparatory to) a commercial communication with a third party.”

WLR Daily, 25th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court of Appeal questions brand owners’ rights to block parallel imports – OUT-LAW.com

“Brand owners may have less power to prevent sales in Europe of goods intended for other markets after a ruling by England’s Court of Appeal this week. The judgment over the sale of Sun-branded disk drives is likely to be welcomed by independent resellers.”

Full story

OUT-LAW.com, 26th August 2010

Source: www.out-law.com


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