Further details have emerged this week regarding the multi-million pound lawsuit between US wholesaler Costco and luxury jewellery retailer Tiffany & Co. (Tiffany). Tiffany sued Costco in 2013 for trade mark infringement. Costco had been selling solitaire style diamond rings displayed with reference ‘Tiffany’ labelling. Tiffany argued that the labelling was misleading to customers while…
The Court of Justice of the European Union (CJEU) recently ruled on opposition proceedings brought by tyre company Michelin, relying on their earlier trade mark for a stylised letter X registered for ‘Envelopes, inner tubes for pneumatic tyres’ to oppose Continental’s registration for a stylised version of ‘XKING’ for ‘Tyres; Inner tubes for tyres’. Michelin…
Last week, Coca-Cola revealed their latest project and new and improved Coca Cola Zero, Coca Cola Zero Sugar. After around a year of trials, Coca Cola claim to have succeeded in developing a sugar free soft drink that tastes more like Coca Cola than Coca-Cola Zero. The new drink has already been on sale in…
Until recently there was an “own name” defence to both UK and EU trade mark infringement. This defence continues to apply in the UK for both corporate identities and individuals until 2019, when it will be restricted to individuals only. For EU trade mark infringement actions, that change has already taken effect, by virtue of…
British brand Burberry has initiated proceedings in the US to sue a counterfeiting network. The fashion house claims that the network is intentionally manufacturing, importing and selling counterfeit Burberry goods throughout the US. Burberry owns several trade marks in the US including the ‘Burberry’ trade mark and the brand’s iconic chequered logo design on perfumes…
When Inuit art was introduced into the Canadian art scene in the early 1950s, the Canadian federal government created the igloo tag, a trade mark to protect Inuit artists’ work from imitators. This trade mark was kept under the control of the Department of Indigenous and Northern Affairs (DINA) in what was seen by some…
The religious order founded by Mother Teresa in Kolkata, the Missionaries of Charity, which continues her work has trade marked in India the white, blue rimmed sari that was synonymous with the saint. The lawyer acting for the order has claimed that this is the first time a mark has been granted for a religious…
A UK trade mark application will be rejected if it is shown to have been made in bad faith; an EU trade mark can be declared invalid on bad faith grounds. In the UK, bad faith can arise simply by an applicant having no intention to use a mark. In terms of the question of…
Around 300 boxes of Weetabix have been impounded by customs officers in New Zealand over a trade mark dispute between the importer of the British cereal and Sanitarium, the Australian manufacturer of Weet-Bix. Sanitarium requested customs officers impound the boxes of Weetabix because the cereal infringes its rights in its cereal Weet-Bix. Lisa Wilson, co-owner…
Donald Trump sparked a surge of trade mark applications for the word mark COVFEFE, after he wrote on Twitter in the early hours of the morning at the end of May. The President tweeted “Despite the constant negative press covfefe”. The tweet remained for a number of hours until it was finally deleted the next…
