Blog Archive

  • Posted by Jane Coyle on February 22, 2019 / Posted in Trade Marks
    A hot new trend that entrepreneurs now follow is opening a business that offers delicacies or products from foreign countries. This could include Mexican burritos, Jamaican Rum and Madagascan vanilla.
    A hot new trend that entrepreneurs now follow is opening a business that offers delicacies or products from foreign countries. This could include Mexican burritos, Jamaican Rum and Madagascan vanilla. In many cases these shops simply give the consumer an experience they would not have otherwise tried. However, when a company takes a national association for a product / experience like a Tiki bar and try to trademark the word 'tiki' does it move from mere marketing to cultural poaching​? A [...]
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  • Posted by TMR TMR on February 22, 2019 / Posted in Trade Marks
    It is one thing to release clothing that is inspired by celebrities, but it is another to rip off a complete outfit and infer that the celebrity has approved this.
    These days, budget and high street fashion brands are in a consistent competition to provide the next trend at a cost-effective price. These trends most of time comes from celebrities and the outfits they have put together. It is one thing to release clothing that is inspired by celebrities, but it is another to rip off a complete outfit and infer that the celebrity has approved this. The later is what Missguided have been accused of by Kim Kardashian. Kardashian under her company [...]
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  • Posted by TMR TMR on February 18, 2019 / Posted in Trade Marks
    As a child, there was nothing more exciting than to find the wonderful red round that was a Babybel in your lunchbox.
    As a child, there was nothing more exciting than to find the wonderful red round that was a Babybel in your lunchbox. However, what is surprising to some is that this wax coating was protected by a trade mark. Not any more! Supermarket Sainsburys has successfully filed an invalidation application against this mark, which will now be cancelled. The mark was owned by Fromageries Bel SA, registered in 1996. The registration covered a 3D round wax coating with the colour limited to red. [...]
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  • Posted by TMR TMR on February 13, 2019 / Posted in Trade Marks
    Sumol + Compal (a food and drinks company) welcome in the recent decision of the EU General Court.
    Sumol + Compal (a food and drinks company) welcome in the recent decision of the EU General Court. The EU Court annulled the decision made by the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO), which stated that there was no likelihood of confusion between its earlier EU marks and that of Ludwig Manfred Jacobs’ mark. Background information Sumol + Compal opposed an EU mark filed by the nutrition expert Ludwig Manfred Jacobs. Ludwig Manfred Jacobs had [...]
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  • Posted by TMR TMR on February 06, 2019 / Posted in Trade Marks
    This decision highlights that what constitutes a descriptive trade mark can be affected by the context of the industry.
    This decision highlights that what constitutes a descriptive trade mark can be affected by the context of the industry.  Furthermore, it illustrates the General Court’s willingness to engage with trade mark law in new innovative fields (artificial intelligence). The General Court has refused DeepMind’s appeal of its European trade mark application for the word ‘STREAMS’. What is Streams? Streams is a secure mobile phone app that has been developed in [...]
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  • Posted by TMR TMR on February 05, 2019 / Posted in Trade Marks
    The confectionery giant has stopped fighting to protect is famous purple colour after losing an appeal for its trade mark last month.
    If one were to ask the average consumer what colour they associate with the brand Cadbury, they would probably reply with the colour purple. Arguably, Cadbury has done all it can through trade mark law and advertising to ensure that the famous purple colour (Pantone 2865c) of its wrapping paper was protected.  However, with the increasing competition in the confectionery industry, is it right that Cadbury be allowed to monopolise on such a strong and distinctive colour? Over the years the [...]
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