Cut up – Yoshida’s Trade Mark Appeal Dismissed
201505.28
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Cut up – Yoshida’s Trade Mark Appeal Dismissed

The Court of Justice of the European Union (“CJEU”) remitted to the General Court a joined case concerning the invalidity of Community Trade Mark (“CTM”) registration in the name of Yoshida Metal Industry Co. Limited with the General Court rejecting Yoshida’s registrations. Background Yoshida Metal Industry Co. Ltd, owned registrations for CTM’s for figurative marks…

Journals, ‘Spiders’ and HRH Prince Charles – relevance to copyright?
201505.27
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Journals, ‘Spiders’ and HRH Prince Charles – relevance to copyright?

In 2006 HRH the Prince of Wales successfully sued Associated Newspapers for breach of confidence and infringement of copyright after the Mail on Sunday published extracts from his journals recording his impressions on a trip to Hong Kong. Copyright At trail, Associated Newspapers sought to argue that Prince Charles was not the owner of the…

F1 Trade Mark Opposition Action Stalled on Appeal
201505.26
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F1 Trade Mark Opposition Action Stalled on Appeal

The General Court (Eighth Chamber) recently dismissed an opposition appeal by Formula One Licensing BV against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in the registration of F1H20. Background Idea Marketing SA obtained an international registration via WIPO in the European Community for the word mark F1H20.  The goods and…

Handbags at Dawn – Gucci Owner Sues Alibaba
201505.20
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Handbags at Dawn – Gucci Owner Sues Alibaba

The leading online marketplace Alibaba is being sued by the owner of Gucci, Yves Saint Laurent, Puma and various other leading fashion brands, Kering following a failed attempt to resolve the matter outside the courts. Kering has accused Alibaba of making it possible for US shoppers to order counterfeit goods in bulk from Alibaba’s websites.  Alibaba…

Berries and Blossom: Overlap between copyright and design right
201505.18
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Berries and Blossom: Overlap between copyright and design right

Intellectual property law has long since recognised the overlap between copyright and design right. The Registered Designs Act 1949 was intended to create a separate system for protecting designs for practical items which did not fall into any of the categories protected under the existing copyright or patent law. The Copyright Designs and Patents Act…