Nintendo In Mario Kart Dispute
201702.27
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Nintendo In Mario Kart Dispute

Japanese gaming giant Nintendo is reportedly taking legal action against a Tokyo based company (MariCar) for infringement of the copyright in Nintendo’s popular Mario Kart computer game. The action also includes allegations of trademark infringement with MariCar being accused of using several Nintendo trademarked photographs to promote its business. For those not familiar with it,…

Lacoste in crocodile trade mark clash
201702.23
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Lacoste in crocodile trade mark clash

Fashion house Lacoste has lost a trade mark fight in the Supreme Court of New Zealand to Crocodile International, a Singapore based fashion label. This is not the first time that the companies, who both use a logo with a picture of a crocodile, have clashed. In 2004 Lacoste lost to Crocodile in another trade…

New Zealand Megaupload extradition ruling
201702.21
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New Zealand Megaupload extradition ruling

Megaupload founder Kim Dotcom faces extradition to the US following a ruling from the New Zealand High Court, years after an FBI investigation into his file sharing service. Megaupload enabled millions of people to access a wealth of digital content free of charge. The mass file sharing service was shut down by the FBI in…

A shock result for the Tartan Army
201702.20
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A shock result for the Tartan Army

The Scottish Court of Session in Tartan Army Ltd v Sett GmbH and Others [2017] CSOH 22 has held that the claimant’s allegations of trademark infringement and passing off were not substantiated. The case is interesting given that the judge rejected the main arguments of the defendant yet still found in their favour. The claimants…

Reputation or goodwill?
201702.17
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Reputation or goodwill?

The Intellectual Property Enterprise Court has held that a solicitor’s reputation does not amount to goodwill as the basis for a passing off claim. The case, Bhayani & Anor v Taylor Bracewell LLP [2016] EWHC 3360, concerned a dispute between law firm partners over the use of Ms Bhayani’s name. Ms Bhayani was a specialist…

Kylie Minogue v Kylie Jenner trade mark dispute
201702.15
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Kylie Minogue v Kylie Jenner trade mark dispute

Kylie Minogue has reportedly won a trade mark battle in the US over the name KYLIE. US reality television star Kylie Jenner filed a US trade mark application on 1 April 2015 for the mark KYLIE covering “advertising services” and “endorsement services”.  She later filed a number of US applications for her full name. Unsurprisingly,…