Archive for the 'trade names' Category

Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others – WLR Daily

Hotel Cipriani Srl and others v Cipriani (Grosvenor Steet) Ltd and others [2010] EWCA Civ 110; [2010] WLR (D) 64

“The ‘own name’ defence under art 12(a) of Council Regulation (EC) 40/94, whereby a community trade mark did not entitle the proprietor to prohibit a third party from using in the course of trade his own name and address, could be available in respect of a trading name, as well as a corporate name of a company, but it would depend on: (i) the actual trading name that had been adopted; (ii) the circumstances in which it had been adopted; and (iii) depending on the circumstances, whether the use was in accordance with honest practices.”

WLR Daily, 4th March 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.

Nude Brands fails to stop Stella McCartney’s ‘Stellanude’ perfume – OUT-LAW.com

“Stella McCartney’s fashion house would suffer more than a small cosmetics company if its demand for an interim injunction was granted, the High Court has said. McCartney has won the right to use ‘nude’ in her perfume name until a full trial is heard.”

Full story

OUT-LAW.com, 25th August 2009

Source: www.out-law.com

Chippendales dance troupe sues rival strippers – Daily Telegraph

“Chippendales, the male erotic dance troupe, has begun legal action to stop a rival group from using its name to promote a new British tour.”

Full story

Daily Telegraph, 25th May 2009

Source: www.telegraph.co.uk

Bettys tearoom in row over name of cheese snack – Daily Telegraph

“Cups are being rattled over a small business’s decision to market ‘Fat Betty Cheesey Nibbles’ from elsewhere in Yorkshire. Bettys, which operates its six tearooms exclusively in the county, has lodged a complaint with the Patent Office because it believes there could be confusion.”

Full story

Daily Telegraph, 15th October 2008

Source: www.telegraph.co.uk

Company name display rules will change in October – OUT-LAW.com

“The law on companies’ display of names at their premises will change in three weeks’ time. From 1st October companies will have to display their registered name anywhere they do business, but will no longer have to put it on the outside of buildings.”

Full story

OUT-LAW.com, 11th September 2008

Source: www.out-law.com

‘Easy’ threat to £5 curry house – BBC News

“A new Indian restaurant may have to take on an international business in the High Court to keep its name.”

Full story

BBC News, 22nd July 2008

Source: www.bbc.co.uk


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