Despite the apparent blow previously delivered by the CJEU to holders of geographical indications, Hamburg's Regional Court has found in favour of the Scotch Whisky Association in its dispute over use of the term 'Glen'.
Brand owners have long complained about the ease with which counterfeiters are able to sell fake goods in online sites such as Amazon. Now, the retailer has announced plans to introduce serial numbers and improve automatic detection to curb such sales.
The amended Benelux Convention on Intellectual Property (BCIP) came into force on 1 March, bringing Benelux trademark law in line with the EU Trade Mark Directive. Among other changes, it introduced new opportunities for the registration of non-conventional trademarks, such as multimedia or motion marks.
The producers of the popular TV series have sent a cease and desist notice to the owners of an unofficial Peaky Blinders-themed bar in Manchester, UK.
EU trademarks ‘with reputation’ enjoy a broader scope of protection under EU trademark law. Timo Buijs examines this doctrine in light of the recent conflict between ‘Spa’ and ‘Spaaq’, as well as what happens when trademarks become so well known as to risk becoming generic.
With the next ‘meaningful vote’ delayed until 12 March, pressure has grown on the UK government to exclude no-deal as an option for Brexit – and, if necessary, to request an extension to Article 50. This has resulted in further votes being scheduled for 13 and 14 March. As we wait for the outcome of those votes, our updated Brexit white paper provides a helpful overview of the current situation for IP, and what brand owners can do to prepare themselves whatever the Brexit outcome.
J Sainsbury, more commonly known as supermarket chain Sainsbury’s, has had success in a recent trademark invalidity application at the UKIPO against the shape of a Babybel cheese. Claire Jones outlines the case and considerations for brand owners.
Colours form some of the world’s most recognisable and valuable trademarks, but the bar for registration is high. Even after registration and long-standing use, they can still be at risk of attack, as illustrated by the latest setback to Cadbury in its battle to protect its iconic shade of purple.
Marketing teams and their legal advisers naturally differ in their approach to brand name creation. The former often preferring product names that their more risk-averse legal colleagues consider too ‘descriptive’ from a trademark perspective. How do you find the right balance?