Consumer outrage against e-retailer Backcountry.com illustrates the risks of taking an overly aggressive approach to the enforcement of trade mark rights, particularly where the mark in question is arguably quite descriptive.
Insights: Branding & Design
A recent decision of the UK IPO demonstrates the importance of filing evidence of reputation, if available, as well as sufficient evidence of use when an opposition relies on a mark which has been registered for more than 5 years.
October was a bad month for shapes. Not only did the General Court confirm the cancellation Seven Town’s EU Trade Mark Registration for the 3D shape of its mind-boggling ‘Rubik’s Cube’ toy, the EUIPO’s Cancellation Division also declared Gibson Brands, Inc.’s Registration for a 2D depiction of the shape of its ‘Firebird’ or ‘Thunderbird’ guitars partially invalid.
This is the first blog in a new regular series summarising some of the new case law concerning registered Community designs. This blog covers invalidity decisions issued by the EUIPO during the third quarter of 2019, from 1 July 2019 to 30 September 2019.
In order for a Registered Community Design to be valid, the design shown in the RCD must be novel over all prior designs that have been made available to the public before the earliest filing date of the RCD application. However, there are cases where it can be commercially advantageous to invalidate a Registered Community Deign – so how can you go about this?
Hot off their memorable 2-0 victory over Tottenham Hotspur in the Champions League Final this summer, Liverpool FC thought it wise to bolster their brand protection to stop others from also benefiting from their success by selling imitation products. And rightly so, but it seems Liverpool FC might have been a little too ambitious in what they thought they could protect as their ‘brand’.
The World Intellectual Property Office (WIPO) has recently released its annual review of registered design applications filed under the Hague System.
Recent commentary by experts in the fashion industry tells us that 70% of fast-fashion is being dumped in landfill after a handful of wears. In the UK, we are noticing that brands are increasingly becoming more conscious about sustainability.