Tag: UK trade marks

1
How distinctive can a chocolate bar be? After Kit Kat, now it’s Toblerone’s turn
2
Assos v Asos Trade Mark Dispute: UK Supreme Court Refuses Permission to Appeal

How distinctive can a chocolate bar be? After Kit Kat, now it’s Toblerone’s turn

In newly issued court proceedings, the makers of Toblerone have become the latest confectionary manufacturers to seek to protect the shape of their product via 3D trade mark registrations. Following the recent difficulties Nestlé faced in registering the shape of their Kit-Kat bar, Mondelez have commenced proceedings against Poundland in relation to their newly announced Twin Peaks bar. Twin Peaks bears more than a passing resemblance to a Toblerone, except that each chunk of chocolate features two peaks rather than one.

Read More

Assos v Asos Trade Mark Dispute: UK Supreme Court Refuses Permission to Appeal

The UK Supreme Court (the country’s highest court of appeal) has refused permission to appeal in the long-running Assos v Asos trade mark dispute.

As reported in our post on 2 April 2015 here, the Court of Appeal held that online retailer Asos did not infringe Swiss clothing company, Assos’s, Community trade mark as use of the ASOS brand was defensible under the ‘own name’ defence in Community law.

Read More

Copyright © 2018, K&L Gates LLP. All Rights Reserved.