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»
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.
Unfortunately this isn't so straight forward, and the thorny issue
of trade mark infringement can rear its ugly head.
Advising Virgin on issues
of trade mark infringement, passing off, company name and domain disputes as well as providing non-contentious advice on matters such as licensing arrangements and advertising clearance.
Assisting a global distributor of chemicals and raw materials in respect of allegations
of trade mark infringement as a result of Google AdWord advertising.
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.
You are not allowed to use or reproduce any such
trade marks or
trade names as this may constitute an
infringement of the holders» rights.
25.6.1 claims
of infringement or misappropriation
of any United States or foreign copyright, patent,
trade secret, trademark, service
mark or
trade dress;
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.
If you come across an
infringement of BBC copyright or
trade mark that you would like to report please e-mail antipiracy at bbc dot com with as much information as possible.
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».
The suit alleges trademark
infringement and unfair
trade practices, based on Blockshopper's use
of the firm's service
marks, links to its site and use
of lawyers» photos from its site.
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).
An action in trademark
infringement can be brought pursuant to sections 19 and 20
of the
Trade -
marks Act.
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.
Since qualifying he has acted on a variety
of IP disputes including
trade mark infringement and passing off, design right
infringement (both registered and unregistered), database rights, domain name disputes and breach
of confidence.
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 infringe
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 infringe
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
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.
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 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.
The first unexpected email
of the day has arrived, and a long standing client has informed us
of a new case
of passing off and
trade mark infringement which they want to pursue and want us to write a letter before action on their behalf.
It affirmed the lower court decision
of Justice Manson which had held that, on the facts
of the case, the use
of metatags on web pages did not constitute passing - off,
trade -
mark infringement or depreciation
of goodwill.
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.
The federal lawsuit alleged trademark
infringement and unfair
trade practices based on BlockShopper's use
of the firm's services
marks, links to its Web site and use
of lawyers» photos from the site.
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.
The franchisor brought
trade mark infringement proceedings but lost and appealed to the Court
of Appeal.
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).
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.
Competition law could form part
of reforms to help protect businesses from «bully boy tactics» by rivals who chase their customers away with groundless patent and
trade mark infringement threats.
O2, which owns two British
trade marks consisting
of a static picture
of bubbles, brought proceedings for
trade mark infringement.
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 infringe
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 infringem
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 infringe
trade mark in Country B, would give rise to there being no jurisdiction at all for such infringem
mark in Country B, would give rise to there being no jurisdiction at all for such
infringement.
I hear Olympics, and my mind starts imagining protests over athletes being excluded, the odd bribe here and there, a little bit
of trade -
mark infringement, a few doping scandals, maybe demonstrators being kettled and baton charged, which all leads to: lawsuits!
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».
easyGroup issued a counterclaim for
trade mark infringement relating to W3's use
of the EASYROOMMATE word and logo.
We have a proven track record
of tackling
trade mark infringement, and enforcing
trade mark owners» rights.
His areas
of practice include contract interpretation, shareholder / partner disputes,
trade mark infringement, consumer law, joint ventures and partnerships, construction law, insolvency, fraud, administrative law, and professional negligence.
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.
Vicki advises on a broad range
of contentious and non-contentious IP / IT matters including
trade mark applications, designs,
trade mark and copyright
infringement and contractual issues.
She advises on the full range
of trade mark and unfair competition law matters, including contentious aspects relating to
trade mark infringement.