The ongoing dispute, originally instigated by Nestlé, surrounding Cadbury’s trade mark applications for the colour purple has recommenced. Mr Justice Meade of the High Court recently handed down judgment in Société des Produits Nestlé S.A. v Cadbury UK Limited [2022] EWHC 1671 (Ch). Meade J decided in Cadbury’s favour on two counts, allowing the registration…
The long running dispute between Sky and SkyKick is not due to end any time soon. SkyKick has been granted permission to appeal the 2021 decision of the Court of Appeal to the Supreme Court. The Supreme Court’s findings are expected to provide important guidance for brand owners regarding whether broad scope trade mark specifications…
Summary The owner of a boutique store, Ms. Kotrri (Applicant), successfully defended her trade mark application before the UKIPO for HOUSE OF ZANA, covering “clothing” in class 25, against apparel retailer, Inditex (Opponent). The Opponent sought to prevent registration on the basis of Sections 5(2)(b) and 5(3) of the Trade Marks Act 1994 and relied…
This decision by the High Court – Lavinia Deborah Osbourne v (1) Individuals Unknown (2) Ozone Networks Inc. – has now confirmed that NFTs should be considered property. The facts of this case are that Ms. Osbourne’s MetaMask wallet was used without her knowledge or permission and two NFTs representing digital pieces of art were…
Let us start this article by asking two questions – would you be confused by a take-away Chinese and a posh Chinese restaurant in central London even if they share the same name? Will you convince yourself that a Mayfair Chinese restaurant has opened a branch in your small village and offers late-night take away?…
The General Court (GC) recently overturned a decision from the EUIPO that an opposition based on earlier UK unregistered rights be rejected as, following the withdrawal of the UK from the EU, opponents could no longer rely upon the rules governing common law actions of passing off in EU oppositions. In this case, Jungo Ye…
In January 2020, Volkswagen (VW, the Opponent) filed an opposition against this trade mark application, alleging a likelihood of confusion with its earlier 3D shape registrations . The Applicant’s mark covered camping vehicles and camping equipment and VW’s earlier marks cover broad vehicle and furniture terms. The opposition was initially dismissed by the EUIPO…
This case ABP Technology Ltd v Voyetra Turtle Beach, Inc. & Anor (Rev1) [2021] – EWHC 3096 (Ch) (19 November 2021) concerns two parties using highly similar/identical marks (STEALTH) on identical goods. This article discusses some key takeaway points arising from their dispute, as well as the tactics that the parties used. Both parties were involved…
Unregistered rights are protected by the law of passing off in the UK. In the recent decision of the IPEC in Stone v Wenman, the court reiterated and applied some key principles in the law of passing off. The Claimant in the case, a spiritual author and holistic therapist, applied for and registered the mark…
The scope of protection of a trade mark registration is a key question faced by trade mark practitioners when advising on rebrands. The recent Oatly case [Oatly AB v Glebe Farm Foods Limited [2021] EWHC 2189 (IPEC)] raises some interesting questions in the context of a likelihood of confusion and unfair advantage. Oatly owned a…
