trade marks | 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 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...

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 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...

May 28, 20213 min read

Court of Appeal rules on liability and account of profits in trade mark case

The Court of Appeal has reviewed the law on liability and account of profits in a judgment concerning the BEVERLY HILLS POLO CLUB trade...

May 8, 20212 min read

MONOPOLY cannot last forever without regular use

The EU General Court has upheld the EUIPO Board of Appeal decision in the MONOPOLY trade mark case. This is a long anticipated and...

May 1, 20212 min read

Trade mark infringement claim upheld

The Court of Appeal has upheld a finding of trade mark infringement, but overturned a passing off finding, in a case concerning two UK...

May 1, 20212 min read

Chanel and Huawei logos are dissimilar

The EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application...

Apr 21, 20212 min read

Satan Shoes - Nike and the devil tussle over trade mark exhaustion

Occasionally IP disputes break into the public domain. This one has to do with Nike, a famous brand, and also to do with Satan. Rosie and...

Apr 17, 20212 min read

The straw that broke the camel's CRYPTOBACK? Trade mark survives validity challenge

The IP Enterprise Court (IPEC) has enabled smaller businesses to fight back against perceived intellectual property (IP) injustices. Its...

Mar 9, 20212 min read

Walk like a PANTHÉ - Visual perception is key for fashion trade marks says EU

Is there a likelihood of confusion between the figurative signs pictured below (PANTHÉ and PANTHER) for “Clothing; Headgear” in Class 25?...

Feb 23, 20211 min read

‘Genuine use’ for EU trade marks

The Court of Justice of the European Union (CJEU) has ruled that ‘genuine use’ for EU trade marks can be established through the...

Feb 22, 20212 min read

The benefits of IP Insurance

With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...