Intellectual Property – Trade Mark Infringement – Licensing – Passing Off
Posted on March 28, 2008 - Filed Under Legal and Law | Leave a Comment
In September 2006, Nike agreed to pay Hackney Council £300,000 for the unlawful use of the Council’s ‘H’ logo. Nike had not obtained Hackney Council’s permission to use the logo. The settlement figure was calculated by taking into account the total global sales of Nike merchandise, and an appropriate percentage was established.
Read More..>>Landmark Ruling In Trade Mark Case - Test For Invalidity
Posted on March 24, 2008 - Filed Under Legal and Law | Leave a Comment
In Special Effects Limited v L’Oreal & International Trademark Association (Intervener) [2007] EWCA Civ 1, the Court of Appeal overturned the decision of the Chancery Division of the High Court. The case concerned an opposition to a trade mark registration. The Court in the first instance held that there was no relevant difference between the practice and procedure of the Trade Mark Registry in opposition proceedings under s 38(2) of the Trade Marks Act 1994 and invalidity proceedings under s 47(1) of the Act. The issues in dispute in the two sets of proceedings were identical.
First Instance Decision
Read More..>>Trade Mark - Interpretation Of Directive - Trade Mark Refusal
Posted on March 7, 2008 - Filed Under Legal and Law | Leave a Comment
The case of BVBA Management, Training en Consultancy v Benelux-Merkenbureau [2007], concerned the interpretation of First Council Directive (EEC) 89/104 in the refusal of a trade mark registration. BVBA Management, Training en Consultancy (“MT&C”) filed an application with the Benelux trade mark office (“the Trade Mark Office”) for registration of the word mark ‘The Kitchen Company’ as a trade mark in respect of classes 11, 20 and 21, and for certain services in classes 37 and 42.
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