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).
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.
Not exact matches
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.
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.
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.
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.
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.
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.
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
action was appealed to the French supreme court (the Cour de Cassation), who stayed proceedings and referred three questions to the ECJ concerning whether a
trade mark proprietor can invoke
trade mark infringement principles to prevent the sale of licensed goods to discount stores where the licence agreement prohibits such sales and the further commercialisation of the goods.
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.
This is not just seen in IP - related litigation, such as
actions for
trade mark infringement, but also in commercial disputes.