Blog Archive

  • Posted by Jane Coyle on October 30, 2013 / Posted in Trade Marks
    Boxing Brands Limited and (1) Sports Direct International PLC, (2) Queensberry Boxing IP Limited, (3) Sportsdirect.com Retail Limited and (4) Lillywhites Limited – 8 to 12 July 2013 – Mr Justice Birss
    Summary This judgement confirms the limits of the legal concept of “goodwill” in commercial disputes. It also provides lessons on good recordkeeping and trade mark use. Background One of the defendants, Sports Direct, planned on launching a clothing range under the name QUEENSBERRY in late 2012. On hearing of the planned launch, the well-known boxing promoter Frank Warren obtained an interim injunction. He claimed that his company, Boxing Brands Limited, owned sole rights to [...]
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  • Posted by Jane Coyle on October 28, 2013 / Posted in Trade Marks
    ‘Unconventional’ trade marks
    A trademark can consist of a logo, or word; but may also be less conventional and take the form of a colour, shape or smell. Two significant rulings on unconventional trade marks have just been handed down from the UK Court of Appeal.  Both cases involve the interpretation of Article 2 of the Trade Marks Directive (2008/95/EC), and will influence the decision of future registrations of unconventional or ‘exotic’ trade marks. Article 2 provides that, to be registered, a mark [...]
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  • Posted by Jane Coyle on October 25, 2013 / Posted in Trade Marks
    When a trade mark application is accepted it is advertised in the UKIPO on-line Journal. There is then a two month period (extendable to three months) in which parties may oppose its registration.
    There are two ways in which a mark can be objected to; Third party observations At any point after the trademark application has been accepted and published an application for registration, and before it is actually registered, anyone can make ‘third party observations’. You can tell the UKIPO if you think that we accepted the application in error, bringing to our attention any relevant facts of which we may not have been aware at the time we accepted the application. Making a [...]
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  • Posted by Jane Coyle on October 23, 2013 / Posted in Trade Marks
    Would you work for free?
    Do you feel you should be rewarded for your ideas? Every time a song or album is illegally downloaded someone, somewhere is working for free. Musicians and bands are paid for the work they do. When their song is played on the radio, heard in the background in Eastenders or performed at a live event, a fee, usually of a few pence, is paid to a collecting agent (PRS in the UK) and shared between the musician, songwriter and record company. When songs are downloaded for free, or not identified [...]
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  • Posted by Jane Coyle on October 23, 2013 / Posted in Trade Marks
    Trademark challenge for kids!
    Some great ideas for young entrepreneurs from the UKIPO http://www.funkidslive.com/features/nancy-and-the-meerkats/ [...]
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  • Posted by Jane Coyle on October 23, 2013 / Posted in Trade Marks
    Quick fire benefits of Trademark registration/ Brand Protection:
    1 It helps you to protect your business identity. 2. It protects you against others using the same or similar trade marks. 3. It provides “concrete proof” of your legally protected rights. 4. It removes the need to rely on “common law” rights (passing off) which can be much more expensive and time consuming.5.  Registration rights extend throughout the UK (or elsewhere depending on where you file your trade mark application!) 5. Registration protects [...]
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  • Posted by Jane Coyle on October 21, 2013 / Posted in Trade Marks
    Benefits of trademarking your logo or business name
    Your logo or business name may be your most valuable asset to your company. If someone trades under a similar or identical name to you; consumers will be confused about which company the goods or services originated from; resulting in lost revenue. Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the United Kingdom (UK), reducing the competition that your company may have by distinguishing each business. From a commercial [...]
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  • Posted by Jane Coyle on October 18, 2013 / Posted in Trade Marks
    An attempt by the makers of Scrabble to protect its iconic letter tiles from imitations by claiming trademark rights has been thrown out by the Court of Appeal.
    This marks a win for Olswang client Zynga, which had been locked in a bitter battle with Scrabble makers JW Spear & Son over use of the tiles. Olswang IP partner Paul Stevens instructed 8 New Square’s James Mellor QC to respond to the case by JW Spear and its parent Mattel Inc, which wanted to quash a first instance ruling that the ‘tile mark’ was not a viable trademark. That first instance ruling, handed down by Mr Justice Arnold, came in response to a summary judgment [...]
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  • Posted by Jane Coyle on October 18, 2013 / Posted in Trade Marks
    Christian Louboutin has won a legal battle to prevent images of his shoes, with their trademarked re sole, appearing in an advert in Belgium.
    The image has been used by the far-right Vlaams Belang. The poster drawn criticism for its message which is perceived as anti-Islamic by some. At intervals along the length of the leg, phrases are marked including “Sharia compatible” and “stoning”. The legs on the poster belong to Anke Van dermeersch, a senator from the party, a former Miss Belgium. A Dutch judge has ruled that the posters are to be taken down within 24 hours. Louboutin said that the advert tarnished [...]
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  • Posted by Jane Coyle on October 16, 2013 / Posted in Trade Marks
    Copyright doesn’t protect ideas.
    Copyright doesn’t protect ideas. The work must be fixed (e.g. written or recorded) There is no official registration system for copyright. It’s an automatic rights A Copyright work could be marked with ©, the owner’s name, and the year it was created There is no official registration system for copyright in the United Kingdom (UK) and most other parts of the world. There are no forms to fill in and no fees to pay to get copyright protection. A creator could send [...]
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