Related insights: Brand Protection

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The Hajdu Halloumi decision – collective marks as badges of origin

04 Dec 2020
As the UK prepares to depart from the EU, it will introduce shortly a national regime for the protection of geographical indicators. Against this background, it is interesting to read how the scope of registered collective marks was interpreted widely by the High Court so as to defeat a UK trade mark application that had incorporated the entirety of an earlier collective mark as only one of its elements. The decision demonstrates how, despite being subject to the general rules pertaining to trade marks, collective marks can be useful and powerful assets. It also serves as a reminder of the approach to be adopted when assessing the extent to be which collective marks might share visual, aural and/or conceptual similarity with other marks.
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Court finds no 'classic' bait and switch selling where there is no confusion

20 Nov 2020
'Bait and switch' selling is the act of marketing certain goods, but then substituting alternative goods when such goods are supplied. At its broadest, it is any attempt to get customers to accept something different from what originally attracted them. Such acts may be restrained if they are deemed to constitute an actionable misrepresentation.
WBD_Services_IP_Tech

Court tells 'Nosecco' to leave it to the pro's

26 Aug 2020
The association responsible for protecting and promoting the use of the name 'Prosecco' – Consorzio di Tutela della Denominazione di Origine Controllata Prosecco (the "Consorzio") – has successfully opposed the registration in the UK of a stylised label containing the word NOSECCO (the "Sign") in class 32, for non-alcoholic wines and non-alcoholic sparkling wines.
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Brexit and exhaustion of rights

10 Aug 2020
Parallel trade is the import (and export) of genuine goods protected by intellectual property ("IP") rights, and occurs where the IP rights are said to have been 'exhausted' – where the goods are put on the relevant market by, or with the consent of, the IP-right owner.
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Brexit and trade marks

01 Aug 2020
For the past two decades, rather than having to seek only country by country protection through the separate national offices of the member states, prospective right-holders can now obtain – via a single application – a registration that, once granted, covers automatically all of the European Union ("EU") member states. Being a multi-jurisdictional unitary right, the scope of protection of an EU trade mark ("EUTM") is indivisible. Its nature is tied directly to what constitutes the single market of the EU, underpinning the development of "Fortress Europe" so as to facilitate the free movement of goods and to give broad protection for rights-holders through the grant of EU-wide injunctions against infringers. 
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More for your money – cost savings on UK/EU trade mark protection

10 Jul 2020
In the current climate, we understand that businesses are looking to make cost savings while maximising the return on their spend. Here are some simple measures that organisations should explore to make the most of their funds when it comes to trade mark management in the United Kingdom and European Union. 
WBD_Services_IP_Tech

Flying on Red Bull's wings

09 Jun 2020
In a recent case involving the globally-renowned energy drinks manufacturer, the High Court held that a director (who acted mainly as a litigant in person) was jointly liable for acts of trade mark infringement committed by the company.