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CJEU RULING IN COTY – GREATER ONLINE PROTECTION FOR LUXURY GOODS SUPPLIERS
In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held that, in the context of a selective distribution …
UK Court of Appeal rules on validity of trade mark in light of prior existing localised goodwill
Summary The UK Court of Appeal in Caspian v Shah considered whether a trade mark could be invalidated on the grounds of prior existing third party …
UK HIGH COURT RULES ON COPYRIGHT PROTECTION OF TV FORMATS FOR GAME SHOWS
Summary The High Court of England and Wales decided on 19 October 2017 that a particular television format document did not qualify for copyright …
EU Trade Mark reforms come into force – motion, hologram and multimedia marks can now be registered
A number of EU trade mark reforms came into force on 1 October 2017. The key changes are: The graphical representation requirement has been …
New Unjustified Threats Regime in force from 1 October 2017
Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a …
"PORT CHARLOTTE" Whisky does not infringe the EU protected designation of origin (PDO) "PORTO" or "PORT" – Consideration needed urgently for protection of PDOs and GIs, UK and EU-wide, post-Brexit
The CJEU has confirmed that "Port Charlotte", registered as an EU trade mark for whisky, does not evoke (infringe) the protected designation of origin …
Exhaustion, economic links and "unitary control" - the AG's opinion in the Schweppes trade mark reference
Trade mark rights may still be exhausted even if goods are imported bearing identical trade marks (having been applied in another EU Member State (MS) by …
Commission paper on IPR post-Brexit highlights the importance of resolving key issues prior to withdrawal
The European Commission has published a “Position paper transmitted to EU27 on Intellectual property rights (including geographical indications)” (7 …
Striking a balance on parallel imports
In an article published in the latest edition of CITMA Review, Joel Smith and Emily Bottle comment on the Court of Appeal's recent judgment in Flynn …
Aldi encounters hiccup in the "Champagner Sorbet" CJEU reference
The use of the name "Champagner Sorbet" by the German supermarket chain Aldi for a sorbet dessert containing actual Champagne (12% by volume) was …
Luxury brands may be able to limit to the types of on-line sales platforms used by their distributors if AG's Opinion is followed by CJEU
Brand reputation is intimately connected with the manner and context in which products are purchased, so the Opinion of the Advocate General of the CJEU …
Court of Appeal foils Kit Kat on acquired distinctiveness
In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's …
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