Student Union Lettings Limited v Essex Student Lets Limited [2018] EWHC 419 (IPEC)     The UK Intellectual Enterprise Court has ruled that Essex Student Lets Limited, a student accommodation letting company, has fallen foul of trade mark infringement and passing-off, courtesy of their use of the mark “SU LETS”.   Background   The Defendant in…

  County Kerry in Ireland, a beautiful region in the South known for its cattle breeding, is known to many trademark practitioners from the early CJEU trademark judgment in GERRI vs. KERRY SPRING (C-100/02, Gerolsteiner Brunnen). It has just become the protagonist of another CJEU judgment: In a case heard before the Audiencia Provincial in…

When doing clearing searches for new trademarks, companies often find themselves facing one or several old trademark registrations that are subject to the use requirement and apparently not in use. Thus, they may consider bringing a cancellation action for non-use against the trademark(s) in question. Companies are sometimes hesitant to bring such actions because they…

  Known to many, there is a recent judgment of the CJEU confirming that, if likelihood of confusion exists in only part of the EU, the EUTM is not infringed in the other part – which must be exempted from an injunction. Less known to most, there is a pending reference to the Court of…