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On 1 October 2017 a number of important changes to EU Trade Mark Practice will take effect.
Here is what you need to know: (more…)
New Balance has won a record pay-out in a Chinese trade mark case after three Chinese shoemakers were found to have infringed the brand’s trademarked slanting “N” logo.
In this rare trade mark victory, the Chinese court awarded more than 10 million yuan (£1.2m or $1.5m) to New Balance. The case is believed to be one of the largest awards ever given to a foreign company in a trade mark dispute in China.
Although small by international standards, the significant increase on previous penalties reinforces current attempts by China to crack down on the widespread problem of trade mark abuse; this is particularly in light of international pressure on Beijing to take more action on suspected intellectual property theft by Chinese companies. (more…)
In a first for IPcopy, we have a podcast for you today!
Zane Shihab, partner at Kerman & Co LLP, and Manuela Macchi, partner at Keltie LLP, speak to LawInSport CEO, Sean Cottrell and Editor, Chris Bond about the importance of trade mark registration in sport and take review the merits of Wimbledon’s successful registration of the purple and green colour mark. (more…)
The Goodwill Maze – a case review of O-609-16 – (The Crystal Maze) Invalidity – 20 December 2016
Mad Professor Ltd’s (‘MP’) is the proprietor of UK No. 3060820 ‘The Crystal Maze’ (‘TCM’) for inter alia “team building events” in Class 41. Adventure Line Production SAS (‘ALP’) sought to invalidate the registration under Section 5(4)(a).
ALP based its passing off claim on use of TCM since February 1990 in respect of “entertainment services, in particular television programmes, games and challenges”. MP denied ALP’s claims arguing that (1) its mark was lawfully registered, (2) the marks are not identical, (3) ALP does not own the goodwill, (4) there is no misrepresentation, and (5) there is no damage.
Although MP’s mark was filed on 20 June 2014, the relevant date to consider whether there had been passing off was 21 June 2011 as this was the first date in which MP made use of TCM on its website. (more…)
According to the Government’s White Paper on exiting the EU, the 65 million people of the UK are now willing the Government to make the negotiations happen (see PM’s Foreword, paragraph 4). I must have missed my reprogramming session as I’m still waiting for reality to snap back to normal….
However, even if we are now all on board the Brexit Bus, next stop the cliff edge followed swiftly by the foot of the cliff, it’s still good to see a well researched article on the impacts of Brexit on the IP sphere. The world has, of course, been awash with Brexit News Bulletins ever since the result came in but the latest addition, The Legal Consequences of Brexit through the Lens of IP Law, comes with a sterling pedigree, namely Richard Arnold (a judge at the High Court), Lionel Bentley (University of Cambridge), Graeme Dinwoodie (University of Oxford) and Estelle Derclaye (University of Nottingham). (more…)
So here it is Merry Christmas
Everybody’s having fun
Look to the future now
It’s only just begun.
Based on what happened this year I can only hope Slade are wrong when they say that “it’s only just begun” – Brexit, the US elections, Ed Balls making it to Blackpool – the shocks have come thick and fast this year and I was rather hoping 2017 might be a little…boring.
So, what does next year have in store? Who knows …. but IPcopy notes that the effects, if any, of the unexpected outcomes of the Referendum and the US Election probably won’t really start to bite until 2017….Merry Christmas everyone!
In the rest of the post below we take a quick look back IPcopy’s Top 10 IP related posts from 2016. Before we do that however I’d like to remember in a small tribute two members of the Keltie family that are sadly not with us this Christmas, David Keltie and Lindsey Gordon-Thomas. David of course set up the firm I am part of just over 28 years ago and succeeded in his desire to “create something amazing”. Lindsey worked in our accounts department and was, like David, one of the nicest, happiest and most positive guys you could ever meet. David and Lindsey both possessed an infectious laugh and wherever they are right now I’m certain it’s buzzing. David, Lindsey, it was my pleasure to have known you both.
Today marks the official launch of The Chartered Institute of Trade Mark Attorneys (CITMA) following the grant of the Royal Charter to the Institute in April and the formal issue of the Great Seal of the Realm. Keltie welcomes its new ‘Chartered Trade Mark Attorneys’ and congratulates the Institute on its hard work in securing this recognition for itself and its members.
Royal Charters are reserved for bodies that work in the public interest and which can demonstrate pre-eminence, stability and permanence in their particular field. The grant of the Royal Charter to the Institute is an endorsement of the high standards that the Institute has set for its members in qualification, regulation and education since it was established in 1934 and it brings the Institute in line with other notable professional bodies such as the Chartered Institute of Patent Attorneys (CIPA).
Joanna Lucas-Munce 24 November 2016
Last Thursday, Keltie joined forces with LawInSport to present an afternoon of interactive presentations and discussions regarding the importance of IP in Sport.
To kick off the presentations, Sean Corbett, Brand Protection Manager at Formula One Management Limited, discussed the use and protection of IP and, in particular, trade marks, in sport and the battles that major sports brands face in protecting their trade marks and enforcing their rights. The take home message was to ensure that trade mark owners in the sports field allocate adequate resources and time to maintain, police and enhance their portfolios of registered trade marks to support the value of their brand and attract sponsors. (more…)