5th Feb 2021
Brexit & IP: The Concise Version
Concise guide to Brexit and intellectual property
Insights: trade mark
5th Feb 2021
Brexit & IP: Not too much, not too little
Brexit and intellectual property – a guide
5th Feb 2021
Brexit & IP: Everything you have ever wanted to know about Brexit
Brexit and intellectual property – FAQs in detail
Automotive & Future Transport, Branding & Design, Featured News, Munich, Nederlands, Technical Insights, Trade Marks
30th Nov 2020
Ferrari race ahead after encouraging judgement from the CJEU
The Court of Justice of the European Union (“the CJEU”) has recently issued a judgement concerning the genuine use of Ferrari’s German TESTAROSSA trade mark registrations. This judgement was a positive outcome for Ferrari, and is particularly beneficial to owners of legacy and heritage brands.
20th Nov 2020
Sometimes even a smile won’t save you…
In March 2013 the mark was granted registration under EUTM No 010914836 in Classes 9, 20 and 35. The protected goods included “Smart phones, Mobile computing devices, tablets” and “Furniture”, while the services included the retailing, wholesaling and mail order of these and other goods. On 29 February 2016, Samsung Electronics GmbH (“Samsung”) applied for a declaration that the registration was invalid on the basis that the mark was non-distinctive and descriptive in relation to all of the protected goods and services. However, the Cancellation Division rejected Samsung’s application and the registration was maintained. The Cancellation Division found that the term “SMART THINGS” was descriptive, and noted that the figurative element “:)” (“the emoticon”) is ubiquitously used as a smiley in society at large, including in business, and has positive connotations. However, the Cancellation Division held that the emoticon endowed the mark with at least a minimum of distinctive character and meant that the mark as a whole was not purely descriptive.
9th Oct 2020
What can you do when your product listing has been removed under Amazon’s IP policy?
Amazon’s intellectual property (IP) policy is designed to protect sellers by preventing the sale of counterfeit or knockoff goods on Amazon’s various websites. But, what can you do, as a seller, if you think one or more of your product listings has been unfairly removed because of an existing registered design (or design right)?
12th Aug 2020
OFF-WHITE wins its appeal at the General Court to register the OFF-WHITE black and white logo trade mark
OFF-WHITE has won its appeal at the General Court to register the OFF-WHITE black and white logo trade mark in the EU following the decision of the EUIPO that the mark is inherently descriptive and non-distinctive.
16th Jul 2020
Manchester United sues the producers of Football Manager® for trade mark infringement
Manchester United FC has initiated trade mark infringement proceedings in the High Court against SEGA Publishing Europe Limited, the European arm of the Japanese video-game brand, and Sports Interactive Limited, producers of the video game Football Manager®. The game Football Manager® has been around since 1992 and is a hugely successful football management simulation video game. Players can manage their own virtual equivalents of real life clubs, controlling everything from pre-season transfers to the tactics on the pitch.