The firm's highly regarded dispute resolution team often represents clients before local courts
in trade mark infringement disputes.
This aspect of the case concerns an Appeal in relation to a successful challenge to the jurisdiction of the Courts of England and Wales in relation to an EU
trade mark infringement claim in the Intellectual Property Enterprise Court (IPEC).
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.
Beautimatic International Limited v Mitchell International Pharmaceuticals Limited (UK High Court)[2000] F.S.R. 267 (
trade mark infringement action clarifying the law on when there is use of a trade mark on packaging in the UK).
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.
It would be no surprise therefore, to
see trade mark infringement claims increase over the next few years as breweries become more robust at protecting their brands and their place within the market.»
«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.
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.
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.
We also act to prevent or
stop trade mark infringements, and have successfully prosecuted companies and directors for breaching our clients» trade mark rights.
The London Taxi Company lost a case for
trade mark infringement where the defendants succeeded in their allegations for invalidly registered trade marks
Acting for a Claimant European clothing licensee in UK High Court proceedings as part of a multi-jurisdictional dispute
concerning trade mark infringement and breach of a trade mark licence.
On whether an infringement had taken place, he said: «Trade mark proprietors have no legal problem in tackling counterfeit sites, as such sites are clearly involved
in trade mark infringements; however, the practical difficulties of doing so should not be ignored.»
Advised a UK airline and its group companies in relation to contentious IP matters
including trade mark infringement, passing off, copyright infringement and domain name recovery
Providing clearance advice to Starbucks in relation to proposed new brands as well as advising
on trade mark infringement, passing off and copyright issues.
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.
Shield Mark brought proceedings against Kist for
trade mark infringement and unfair competition.
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).
A failure to do so can result in claims for
trade mark infringement and / or passing off in the UK.
The advantage of registration is that the agent has 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).
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.
Policing the Harrods brand around the globe, both in terms of internet and high street infringements, including copyright, counterfeiting issues and
trade mark infringement.
if the company name was registered as a trade mark then it could try to enforce its registered rights through
a trade mark infringement action.
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».
Unfortunately this isn't so straight forward, and the thorny issue of
trade mark infringement can rear its ugly head.
Vehicle rental giant, Enterprise Holdings, has won
a trade mark infringement and passing off claim against its competitor Europcar, over Enterprise's «e» trade mark and Europcar's «e» logo.
Under U.S. law, there were be a cause of action under the Lanham act for creating consumer confusion or to cancel the mark in this situation, but it wouldn't be a «
trade mark infringement» claim because the name of a product in the book is not itself a trademark.
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.