trade mark | European Fashion Law

Jan 29, 20222 min read

What's the risk of filing a takedown notice?

A legal action for unjustified threats is a serious risk that trade mark owners run when making allegations of infringement, including by...

Nov 5, 20213 min read

Therapists go to court over ARCHANGEL ALCHEMY mark

We recently reported on the Litecoin case where an application to register a trade mark was found to constitute passing off (see blog...

Nov 5, 20211 min read

The United Arab Emirates to join the Madrid System

Good news for international trade mark filing! On 28 September, 2021, the United Arab Emirates Government and WIPO announced that the UAE...

Nov 5, 20212 min read

'Green' trade marks on the rise

We’ve all become more conscious of climate change and other environmental issues over the past 25 years – and that can be seen in the...

Oct 4, 20212 min read

Unreasonable behaviour leads to IPEC costs award

In early 2021, Deputy High Court Judge David Stone (sitting in the IP Enterprise Court, IPEC) in a dispute over the use of the name...

Sep 27, 20214 min read

Rare defeat for easyGroup

easyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...

Sep 27, 20212 min read

Court of Appeal divided over disclosure

Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...

Sep 27, 20212 min read

Speedy justice in design case

In what may be a record for an IP case in the UK, the trial in Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1907 (Pat)...

Sep 2, 20213 min read

Descriptive marks beware: Judge rejects Oatly trade mark case

Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...

Sep 2, 20213 min read

Cheers to a rare EAGLE trade mark decision

This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...

Sep 2, 20211 min read

The post-Brexit clock is ticking - don't miss out!

We first wrote about the impact of Brexit on UK trade marks over a year ago. We are now over 6 months in since the UK's departure from...

Aug 5, 20213 min read

SKY brings good news for broad trade marks

A common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...

Jul 29, 20212 min read

Mwah! Lipstick shape registered as EU trade mark

In a decision likely to be welcomed by owners of 3D trade marks, the EU General Court has ruled that the shape of Guerlain’s Rouge G...

Jul 22, 20212 min read

MILEY CYRUS gets name mark through in EU

A recent decision of the EU General Court looks like good news for celebrities. The singer Miley Cyrus had applied to register her name...

Jul 22, 20213 min read

Wonder Woman comes down to earth

The UK IPO, at least, seems resistant to Wonder Woman’s superpowers, after it rejected DC Comics’ opposition to a trade mark application...

Jul 5, 20213 min read

Check before you threaten, warns HHJ Clarke

There’s rarely been a better example of the risks of launching litigation without careful consideration than the recent IPEC decision in...

Jul 3, 20212 min read

What happened to Colin the Caterpillar & what does it mean for your brand?

We take legal research very seriously - in order to fully understand the implications of the most tasty dispute of the year, Colin vs...

Jul 3, 20212 min read

A jewel by any other name... passing off in the jewellery world

Miss Recorder Amanda Michaels, sitting as a judge in the IPEC, has upheld a claim for passing off in a dispute between two jewellery...

Jun 24, 20213 min read

CJEU takes pressure off Pirelli in shape TM case

Trade marks come in all shapes and sizes – words, slogans, colours, shapes, animations and more. One of the more unusual is a figurative...

Jun 23, 20212 min read

Is Cybersquatting a big problem?

In short, "yes". Cybersquatters are a growing threat to brands. This trend has accelerated as e-commerce grows and consumers spend more...