consumer & retail – IP Law Watch

No Point Crying Over Spilled “Not Milk” – Distinctiveness Issues For Trade Marks In The Plant-Based Food Industry

Jun 03 2024

The plant-based food industry is growing at a rapid pace, with popularity amongst consumers increasing because of its purported health and environmental benefits. However, a recent General Court decision in the EU highlights the difficulties brands face in obtaining trade mark protection for plant-based food if brands are not sufficiently distinctive (despite a tendency in the industry to develop brands which are a play on words of traditional food products).

UK Supreme Court Judgment Finds Directors may not be Liable for IP Infringement Without Knowledge of Essential Facts

May 30 2024

Earlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.

The UKIPO Updates its Policies to Tackle Ineffective Addresses for Service

Apr 17 2024

The UK Intellectual Property Office (UKIPO) has released an update this month in relation to the issue of trade mark applicants and owners providing a valid address for service. Particularly following Brexit there has been concerns about would-be trade mark owners filing applications with false or ineffective addresses for service and as a result the UKIPO is now taking a more proactive approach using their powers under Rule 11 of the Trade Mark Rules 2008.

Chanel Seeks Permanent Injunction Against WGACA

Apr 12 2024

The public legal dispute between luxury brand Chanel and luxury reseller What Goes Around Comes Around (WGACA) continues with Chanel seeking a permanent injunction that WGACA argues is too broad. As previously reported, a New York jury previously awarded Chanel a US$4 million verdict against WGACA for sales of counterfeit Chanel-branded products Chanel, Inc. v. What Goes Around Comes Around, LLC, et al., 1:18-cv-02253 (SDNY).

A Lidl Decision With Big Implications–Court Of Appeal Edition

Mar 26 2024

The Court of Appeal of England and Wales upheld the previous judgment (see here) that Tesco Clubcard logos infringed Lidl’s trade marks and constituted passing off. Although it found that Tesco did not infringe Lidl’s copyright, it is time for Tesco to rebrand its Clubcard logo.

Artistic Value May Prevent Protection of the Vespa Shape as a Trade Mark in Italy

Mar 19 2024

The Italian Supreme Court recently issued a decision addressing whether the Vespa shape, already protected under copyright, was precluded from registration as a 3D mark. According to the Court, a shape’s artistic value usually confers substantial value which prohibits trade mark registration under Italian law.

The Cloudy World of Look-a-Like Products – Aldi Successfully Defends Allegations of Trade Mark Infringement

Feb 06 2024

Recently the High Court of Justice of England and Wales handed down its judgment in a trade mark infringement proceeding between Aldi v Thatcher’s that had been being watched by many.

The Battle of the Bulls: NBA Fail to Invalidate Pizza Texas Bulls Trade Mark Similar to the Chicago Bulls Logo in the United Kingdom

Jan 08 2024

The National Basketball Association (NBA) has lost the appeal of its invalidation action against a United Kingdom (UK) trade mark filed by Pizza Texas Bulls Inc (Pizza Bulls) in classes 30, 39, and 43 in NBA Properties Inc. v. Pizza Texas Bulls Inc [2023] EWHC 3040 (Ch). Interestingly, the NBA was successful in the European Union (EU) in relation to identical marks under Opposition No B3146352, and prevented the Pizza Bulls mark being registered in the EU.

A Thorny Issue Resolved as “Flowers For All” Trade Mark Deemed Distinctive

Dec 03 2023

Business blooms for one trade mark owner as “FLOWERS FOR ALL” has been deemed distinctive enough to be registered as a trade mark in Australia.

Burger Wars: The Big Beef Between McDonald’s and Hungry Jack’s–McD Asia Pacific LLC v. Hungry Jack’s Pty Ltd [2023] FCA 1412

Dec 01 2023

In McD Asia Pacific LLC v. Hungry Jack’s Pty Ltd [2023] FCA 1412, fast-food giant McDonald’s and Australian dinner-time rival Hungry Jack’s faced off in the Federal Court of Australia over their burger names BIG MAC vs BIG JACK and MEGA MAC vs MEGA JACK.

Tag:consumer & retail