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legal@mcdanielslaw.com
Intellectual Property News
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Porsche Crosses the Finish Line in Trade Mark Victory
Feb 2, 2016
The Court of Justice of the European Union (CJEU) has rejected an attempt to register "Carrera" as a Community trade mark (CTM) and in doing so upheld the EU General Court's decisi...
EU Courts do the 'Hokey Pokey' in Trademark Opposition Case
Jan 26, 2016
Background Greyley Investments Ltd filed a CTM application claiming seniority of UK Mark 'HOKEY POKEY' in respect of confectionery. It filed the UK application in April 2000 and i...
"Taxi" For The London Taxi Company in Trademark Dispute
Jan 25, 2016
In The London Taxi Corporation (t/a The London Taxi Company) v Frazer-Nash Ltd & Another, Mr Justice Arnold has ruled that one of London's most iconic vehicles, the black cab, is n...
Broken fingers for Nestle as they lose KitKat appeal
Jan 22, 2016
Nestle have lost the latest round of their long running battle with Cadbury (Société ses Produits Nestlé SA v Cadbury UK Ltd [2016] EWHC 50 (Ch) concerning their attempt to registe...
Community Trade Marks - Act NOW and make a declaration
Jan 21, 2016
Community Trade Mark ("CTM") owners will soon be offered a 6 month, one off opportunity to file a declaration at OHIM (soon to be known as the EUIPO) to clarify the goods and servi...
CTM Oppositions and Descriptive Words
Jan 20, 2016
Background On 16 August 2010, Kraft Foods Global Brands LLC, now Intercontinental Great Brands LLC ("Kraft"), filed an application for registration of a Community Trade Mark ("CTM...
Counting the Cost of Counterfeiting in Cheetham Hill, Manchester
Jan 19, 2016
In a report published today the impact of counterfeiting and the sale of black market goods in Manchester is laid bare. In a statement by the Minister for Intellectual Property, B...
'Merck': A Globally Divided Brand - Trade Mark Infringement
Jan 18, 2016
Merck KGaA is a German pharmaceuticals company ("German Company") owning the rights in the Merck brand name in over one hundred countries. American company Merck & Co. Inc., whilst...
Grumpy Cat has Cause to be...Well...Grumpy!
Jan 14, 2016
Grumpy Cat is a cat with a permanent grumpy face due to an under bite and feline dwarfism. Her owner, Tabatha Bundesen, posted a picture of the cat to social news website Reddit in...
Copyright/Trademark Infringement, Jurisdiction and the Internet
Jan 13, 2016
The Court of Justice of the European Union (CJEU) has addressed the issue of jurisdiction in relation to allegations of copyright infringement online. In cases such as: Pinckney an...
Anne Frank Book Title Not Descriptive for Trade Mark Registration Purposes
Jan 7, 2016
The fourth board of Appeal at OHIM has recently issued a decision that the mark THE DIARY OF ANNE FRANK is registrable for goods and services including books. Background In Decem...
New EU Trademark Directive Published
Jan 5, 2016
Background 2016 will see the some of biggest recent changes in the law of trade marks in the EU since the introduction of the Community trade mark ("CTM") in 1996. Regulation (EU...
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