Sentences with phrase «in trade mark infringement»

Sergey Lovtsov heads the department, which recently represented International Masis Tabak in a trade mark infringement case filed by Philip Morris Brands.

At Gorodissky & Partners, notable work included representing Russian confectioner Chocolate Toy in a copyright infringement dispute; defending Decor Rus against an infringement action brought by a competitor; and representing Perfetti Van Melle in a trade mark infringement case filed by New Technologies regarding its «FOOTBALL» mark.

The firm's highly regarded dispute resolution team often represents clients before local courts in trade mark infringement disputes.

Not exact matches

It offers an oppor - tunity to study systematically the interaction of several copyright issues: including the rights (or lack thereof) of exclusive licensees as plaintiffs in parallel import situations, the distinction between exclusive licensees and assignees, the nature of works of authorship, the characteristics of copy - right infringement, the status of copyrightable works when used as trade - marked logos, the limits (if any) of concurrent copyright and trade - mark protection, and even the distinction between trade - mark, copyright, and patent as autonomous yet related legal regimes.

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.

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 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».

Assisting a global distributor of chemicals and raw materials in respect of allegations of trade mark infringement as a result of Google AdWord advertising.

An action in trademark infringement can be brought pursuant to sections 19 and 20 of the Trade - marks Act.

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

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.

Bainbridge has also brought a trade mark infringement and passing off claim against Navigate Travel on behalf of Sail Week Croatia, which alleges that the defendant used the brand Sail Week in a sector that competed with its brand.

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 recent years, Jill has increasingly worked on copyright and trade mark matters relating to new media products and Internet services, including the drafting of website agreements and other Internet related contracts, the selection and protection of domain names, advising on the infringement of copyrights and trade marks on the internet and privacy law concerns.

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.

Using a trade mark to describe the product («Written in JavaScript», «Seeking JavaScript developer») is not an infringement and the trade mark owner is under no obligation to, indeed, can not stop this.

38 It follows from the foregoing that an action relating to alleged infringement of a trade mark registered in a Member State through the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating under a country - specific top - level domain of another Member State may also be brought before the courts of the Member State of the place of establishment of the advertiser.

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 itselIn 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 itselin 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.

Policing the Harrods brand around the globe, both in terms of internet and high street infringements, including copyright, counterfeiting issues and trade mark infringement.

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».

In the event of a challenge or dispute relating to IP, we also advise on IP infringement (including registered trade marks, passing off, copyright, patents, design rights, database rights, data protection and confidential information); domain name disputes; IP ownership disputes; opposition, invalidity and revocation proceedings.

Providing clearance advice to Starbucks in relation to proposed new brands as well as advising on trade mark infringement, passing off and copyright issues.

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.

If there is a risk that the use of «Pan Galactic Gargle Blaster» can cause confusion in the consumer that the product is in some way related to, produced by or endorsed by the owners of the IP (the owners) in The Hitchhiker's Guide to the Galaxy when it isn't then this is a 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.

I specialise in reputation management claims (including defamation, harassment and privacy claims) and intellectual property disputes (including trade mark, copyright and design right infringement claims, breach of confidence claims and domain name disputes).

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.

Under Art. 125 (5) of the EU Trade Mark Regulation (formerly Art. 97 (5)-RRB- jurisdiction is restricted to «the Member State in which the act of infringement has been committed or threatened».

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

His work in the areas of commercial and corporate transactions and disputes, parallel trade, anti-counterfeiting, trade mark and patent opinions and IP infringement particularly spans international borders.

He has had a number of notable successes in bringing and defending trade mark, copyright, database and patent infringements.

Filed under: copyright infringement, registration of trade marks in Russia, trademark watch service 2 Comments»

Assisting Virgin's in house team with their IP needs, including advising on issues of trade mark infringement, passing off, company name disputes and domain disputes, as well as providing non-contentious advice on matters such as licensing arrangements.

And when our clients need us to, we can provide a full legal service on all cases of IP infringement, bringing extensive experience not just in the relevant courts, but also in arbitrations and trade mark registry proceedings.

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»

We advise on its IP portfolio and, in particular, trade mark branding issues (prosecution, oppositions, infringements) and parallel imports.

We have also acted in multiple pre-action litigation issues and in high profile Court of Appeal trade mark infringement proceedings.

We file and manage Starbucks» entire UK trade mark portfolio, provide UK brand clearance advice, and advise on trade mark opposition, infringement / passing off and copyright issues arising in the UK, including unauthorised use of the company name and logo.

Practice leader Michael Soo and Wendy Lee, promoted to partner in 2017, are advising a Malaysian automotive supplier on its trade mark infringement suit.

An advantage gained by a «consequential association» with a well - known mark can be sufficient to amount to trade mark infringement, according to an advocate general's opinion in a case involving L'Oreal products.

Even without any economic harm to the trade mark owner, where the only purpose of the use of the lookalike is to exploit the reputation of the market leader in order to benefit and promote the sale of the lookalike that will confer an unfair advantage and amount to trade mark infringement.»

In the field of intellectual property both trade mark and copyright infringement, and the common law tort of passing off... may all amount to crimes.

Therefore the ECJ concluded that a trade mark owner can take infringement action against a licensee who breaches a condition in the licence agreement which falls within Art 8 (2).

The leading authority in respect of passing off and trade mark infringement in relation to domain names is British Telecommunications plc and another v One in a Million Ltd and others [1998] 4 All ER 476, [1999] 1 WLR 903.

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

Key sectors of focus include electronics, media, life sciences and food and beverages; the team recently represented McDonald's in several trade mark and copyright infringement disputes against Russian third parties, and is currently advising Lego on trade mark and copyright enforcement proceedings across the Commonwealth of Independent States (CIS).

In this edition we discuss trade mark infringement, litigation privilege, warranty claims, fraud in invoice financing, employee fraud and gagging clauseIn this edition we discuss trade mark infringement, litigation privilege, warranty claims, fraud in invoice financing, employee fraud and gagging clausein invoice financing, employee fraud and gagging clauses.