IP Rights 2/2

Satan Shoes - Nike and the devil tussle over trade mark exhaustion

Occasionally IP disputes break into the public domain. This one has to do with Nike, a famous brand, and also to do with Satan. Rosie and...

Walk like a PANTHÉ - Visual perception is key for fashion trade marks says EU

Is there a likelihood of confusion between the figurative signs pictured below (PANTHÉ and PANTHER) for “Clothing; Headgear” in Class 25?...

EUIPO sees rise in trade mark filings in 2020 despite pandemic

We are all aware that the pandemic hasn't necessarily led to a decrease of work across the board. One group of people who have been...

Goodbye Aunt Jemima, hello Pearl Milling Company

Trade marks may theoretically last forever but brands are subject to change. The Aunt Jemima brand of pancake mix and syrup will be...

Are you Notorious? The USTR updates its list of Notorious Markets

In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...

Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon

When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...

Brands prosper despite business difficulties

It’s a sad consequence of the COVID-19 pandemic and the lockdowns in many countries that retailers have lost business, and regrettably...

Joint authorship dispute resolved after retrial

The long-lasting litigation over the authorship of the screenplay for the 2016 film “Florence Foster Jenkins” has resulted in the court...

A recent development for Position marks

The Court of Justice for the European Union (CJEU) clarified the assessment of a position mark's distinctiveness in Aktiebolaget...

Can the Internet save Luxury?

The Luxury Law Summit took time to consider the big picture commercial and business model questions which will affect legal decision...

The human cost of exclusion

The Luxury Law Summit looked at many business and legal issues but one of the great themes across the day was collaboration. Many...

Negotiating the new normal

Georgina McManus (Global GC at Manolo Blahnik) and Ashleigh Hegarty (GC and Privacy Officer at Charlotte Tilbury) spoke to Kate Wilkinson...

You can't cruise from cars to clothing - luxury trade marks and brand extensions post Bentley

Bentley Clothing v Bentley Motors [2019] EWHC 2925 is a classic David v Goliath dispute. You have a small family owned business versus a...

Trade mark use dispute? You can ABANKA on it

Abanka DD v Abanca Corporacion Bancaria SA [2017] EWHC 2428 is a recent High Court appeal from the UK's Intellectual Property Office. It...

Schweppes = Schweppes - Two trade marks with different owners

The rules surrounding parallel goods in the European Economic Area (EEA) may at first seem straightforward - once a product has been...

European Fashion Law