The Opposition Division has partially upheld an opposition filed by Jaguar Land Rover (“Jaguar”) against EUTM application no.16778672 for the figurative mark, , applied for by luxury fashion designer, Philipp Plein. Jaguar based its opposition on earlier EUTM registrations covering several variations of its logo, as well as unregistered rights in these marks. These earlier…
The CMA and CAP have taken measures to address concerns with the legal framework around affiliate marketing by issuing new guidance directed at influencers. This article will briefly explain the previous regulations and then compare them to the new guidance of March 2023. This article will then attempt to determine if this new guidance has…
So, we’ve heard a lot about Lidl and Tesco. But – in the blog posts as in the judgment – copyright seems to be an afterthought. It might be that by paragraph 278 we all needed a coffee. It might be that we’re waiting for this point to be reviewed upon appeal. But as it…
This post is the second of four, considering the decision of Smith J in Lidl v Tesco [2023] EWHC 873 (Ch), focusing on the passing off element of the judgment. Many were surprised that Lidl was successful on this ground, as it was not a traditional case of selling goods as those of another. Background…
This post is the first of four looking at the decision of Smith J in Lidl & another v Tesco & another [2023] EWHC 873 (Ch). It will focus on the s.10(3) trade mark infringement elements of the judgment and the potential impact this may have for rights holders. The Court’s findings: of copyright infringement…
19/10/2022 T-275/21, DEVICE OF A CHEQUERBOARD PATTERN (fig.), EU:T:2022:654 The French designer’s iconic fabric, one that is no stranger to catwalks and maison de couture around the world, has found itself in the courtroom, again, after a 5 year battle with the EUIPO. The fashion conscious and lovers of luxury will surely be familiar with…
The decision in question, made by the General Court of the EU – Standard International Management LLC v EUIPO – has clarified that use of EU trade marks in advertisements and offers for sale constitute acts of use of an EU trade mark. This case revolved around an EU trade mark that Standard Hotels applied…
The Falsified Medicines Directive (2011/62/EU) (FMD) was introduced in 2011 with the aim of safeguarding the public against medicinal products within the EU whose identity, history or source had been falsified. The FMD requires that the packaging of these products now bears certain safety features, such as a “unique identifier” verifying their authenticity and an…
The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not disputed that the hair treatment goods covered by L’Oreal’s K K WATER mark in Class 3 (a sub-brand of its leading house…
Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what constitutes bad faith, a body of case law has been necessary to illuminate the threshold of behavioural demerit sufficient to disqualify owners from the benefits…
