Sentences with phrase «for trade mark infringement»

This is not just seen in IP - related litigation, such as actions for trade mark infringement, but also in commercial disputes.

Dior sued SIL's liquidator and Copad for trade mark infringement in the French courts.

The London Taxi Company lost a case for trade mark infringement where the defendants succeeded in their allegations for invalidly registered trade marks

easyGroup issued a counterclaim for trade mark infringement relating to W3's use of the EASYROOMMATE word and logo.

O2, which owns two British trade marks consisting of a static picture of bubbles, brought proceedings for trade mark infringement.

Peter has worked on a number of complex contentious matters including actions for trade mark infringement and passing off in the Intellectual Property Enterprise Court including against supermarkets, sellers on online auction sites and against parallel importers of vehicle accessories.

Acting for Discovery Communications in its successful defence of UK High Court proceedings for trade mark infringement and passing off brought by broadcasters of the History channel, following Discovery's launch of a television channel called «Discovery History».

If the opinion of Advocate General Mengozzi is adopted by the ECJ it will be a step backward for brand protection as trade mark owners will, effectively, be unable to instigate legal proceedings for trade mark infringement in relation to comparative advertisements regardless of whether the rival advertiser uses the same or similar image (no matter how distorted) of the registered trade mark.

More recently, Under Armour successfully sued sportswear manufacturer, Uncle Martian, for trade mark infringement and New Balance won a damages award of US$ 1.5 million in an infringement action in which the defendants were selling trainers which infringed its»N' logo.

A failure to do so can result in claims for trade mark infringement and / or passing off in the UK.

Registration allows the agent an enhanced ability to prevent parallel trading of goods and a clear evidential basis upon which to proceed with any actions for trade mark infringement (such as dealing with counterfeit goods).

Shield Mark brought proceedings against Kist for trade mark infringement and unfair competition.

Treasury Wine has launched legal action against Rush Rich for trade mark infringements exploiting the company's Penfolds brand, including the unauthorised use of Treasury's BEN FU trademark, which is the lettering and characters used in China for Penfolds.

Not exact matches

25.6.3 in any matter that involves any of the foregoing claims, for resolution or decision of any question of fact or law required to resolve such claim, including, but not limited to, questions required to decide or rule with respect to the infringement, misappropriation, validity, enforceability or ownership of any copyright, patent, trade secret, trademark, service mark or trade dress or with respect to any remedy or relief at law or in equity for any such infringement or misappropriation or for any violation of such Sections 1201 and / or 1202.

We deal with the filing of PCT National Phase patent applications, litigious matters involving patent, trade mark, design and copyright infringement, as well as drafting and prosecuting patents for our local clients.

«We have seen a surge in high profile trade mark infringement cases involving UK brewers, notably the estate of Elvis Presley's successful claim against BrewDog over the Scottish brewer's «Elvis Juice» beer and in turn BrewDog's successful claim against the owner of the «Draft Punk» pub in Leeds for breaching the trade mark of BrewDog's flagship beer «Punk IPA».

At first instance, the High Court held -LRB-[2006] EWCA Civ 1656, [2006] All ER (D) 49 (Dec)-RRB- that the use of the O2 bubble marks by 3 was a breach of O2's rights under Art 5 of the Trade Marks Directive 89/104 / EEC (TMD), but said that the advertisement complied with the terms of the Comparative Advertising Directive 97 / 55 / EC (CAD) and so Art 6 (1) of the TMD, which provides a defence for «indications concerning the kind, quality and quantity, intended purpose, value, geographical origin, the time of production of goods of rendering of the service or other characteristics of the goods or services... provided [they are used] in accordance with honest practices in industrial or commercial matters» which meant there was no infringemarks by 3 was a breach of O2's rights under Art 5 of the Trade Marks Directive 89/104 / EEC (TMD), but said that the advertisement complied with the terms of the Comparative Advertising Directive 97 / 55 / EC (CAD) and so Art 6 (1) of the TMD, which provides a defence for «indications concerning the kind, quality and quantity, intended purpose, value, geographical origin, the time of production of goods of rendering of the service or other characteristics of the goods or services... provided [they are used] in accordance with honest practices in industrial or commercial matters» which meant there was no infringeMarks Directive 89/104 / EEC (TMD), but said that the advertisement complied with the terms of the Comparative Advertising Directive 97 / 55 / EC (CAD) and so Art 6 (1) of the TMD, which provides a defence for «indications concerning the kind, quality and quantity, intended purpose, value, geographical origin, the time of production of goods of rendering of the service or other characteristics of the goods or services... provided [they are used] in accordance with honest practices in industrial or commercial matters» which meant there was no infringement.

In the US, use of the ® symbol is required to recover damages for registered trade - mark infringement unless the defendant was duly notified of the infringement, and continued after the notice.

34 In the case of an alleged infringement of a national trade mark registered in a Member State because of the display, on the search engine website, of an advertisement using a keyword identical to that trade mark, it is the activation by the advertiser of the technical process displaying, according to pre-defined parameters, the advertisement which it created for its own commercial communications which should be considered to be the event giving rise to an alleged infringement, and not the display of the advertisement itself.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

Accordingly, there was no jurisdiction for the Courts of England and Wales to determine AMS Neve's claims for infringement of its EU trade mark.

Proceedings in Spain for alleged infringement of the same EU trade mark have been stayed as the mark is the subject of cancellation proceedings at the EUIPO.

The Court of Appeal decided that a reference to the CJEU was necessary as, although the decision of the Bundesgerichtshof was persuasive (as it is the highest civil court in Germany), the meaning of «the Member State where the act of infringement has been committed» in Art. 97 (5) / 125 (5) of the EU Trade Mark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringeTrade Mark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringemMark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringetrade mark in Country B, would give rise to there being no jurisdiction at all for such infringemmark in Country B, would give rise to there being no jurisdiction at all for such infringement.

We also act to prevent or stop trade mark infringements, and have successfully prosecuted companies and directors for breaching our clients» trade mark rights.

Management and Enforcement (protecting copyright and trade - marks, enforcing intellectual property rights, preparing and drafting applications for copyright and trademark registrations, copyright and trademark searches and legal opinions, litigating, overseeing and managing copyright intellectual property infringement matters in Federal Court)

The wrong ownership structure can invalidate a trade mark or make it impossible for you to sue for infringement, should you need to.

Acted for The Co-operative Group Ltd in relation to allegations of trade mark infringement and passing off in relation to a third party's use of the mark «coop»

The registration of a trade mark operates to protect the mark's proprietor against unfair competition, via enforcement procedures and remedies for infringement.

She is well known for her broad contentious expertise, including royalties recovery, patent litigation and trade mark infringement.

Simon has been involved in numerous significant reported cases in relation to trade mark, copyright and database right infringement and is regularly recommended by clients for his contentious expertise.

Lucasfilm has obtained a default judgment for trade mark and copyright infringement in California against him in the sum of US$ 20m.

The Appellant, Vancouver Community College, sought declarations, a permanent injunction and damages for passing off and trade - mark infringement by the Respondent, Vancouver Career College (Burnaby) Inc..

Taking trade mark infringement proceedings for the most obvious infringements is not always the best strategy.

Google will be liable for infringement if it does not act quickly to stop the misuse of trade mark