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  • Supreme Court’s Halo opinion, Oracle v Google, Ed Sheeran, Axl Rose, Eastern District of Texas, M&M’s – the week in IP

    June 13, 2016

    The Supreme Court’s Halo v Pulse opinion, a copyright case involving Ed Sheeran, Axl Rose’s DMCA notices to get the “Fat Axl” meme removed from the internet, the jury’s Oracle v Google verdict being upheld by a judge, a Google case being transferred from the Eastern District of Texas, and an M&M trade mark ruling in Sweden were in the intellectual property headlines in the past week

  • Trade mark cases in Germany: colours, sweets and animals have their day in court

    March 29, 2016

    Till Lampel and Martina Pfaff review recent decisions from German courts regarding trade marks, in particular some notable decisions from the Federal Supreme Court

  • Nestlé loses fight over acquired distinctiveness of Kit Kat bar

    January 20, 2016

    Nestlé's four-finger chocolate bar is not entitled to trade mark protection, as the company has not shown that it has acquired distinctiveness such that consumers rely upon it to identify the product's origin

  • Practical tips following CJEU’s Kit Kat shape ruling

    September 30, 2015

    Shapes are difficult to register as trade marks, but brand owners do have alternative means of IP protection and can take some steps to be in a better position when facing objections to trade mark registration or maintenance

  • CJEU provides guidance on shape marks in Kit Kat case

    September 17, 2015

    An applicant for a trade mark based on acquired distinctiveness must prove that that mark alone (as opposed to any other mark present on the product) identifies the origin of the goods or services. So said the Court of Justice of the EU in a dispute between Nestlé and Cadbury over the shape of the Kit Kat bar

  • A mixed year for EU design cases

    January 26, 2015

    2014 was a mixed year for design decisions from the Court of Justice and General Court in Luxembourg. David Stone explains how, while the Court of Justice may have scored highly with two decisions, the General Court has some way to go in its interpretation of the EU-wide legislation

  • Check the label (or it could cost you millions)

    October 23, 2014

    Disputes over food labeling are coming more into focus with the recent Supreme Court POM Wonderful case, and class action lawsuits in this area are increasing, reports Michael Loney

  • United we brand – the latest trends in co-branding

    January 29, 2014

    Co-branding is being used to create some imaginative and successful alliances across a growing number of sectors. Bob Boad examines recent developments and assesses the implications for trade mark practitioners

  • Court of Appeal backs Nestlé in colour mark row

    October 04, 2013

    The UK Court of Appeal has clarified how trade mark examiners must assess colour marks, making it harder for trade mark owners that want to protect a single colour mark

  • Bunny case sets high threshold for CTM distinctiveness

    May 24, 2012

    The Court of Justice of the EU has confirmed that applicants for Community trade marks must show that they are distinctive throughout the EU, ruling in a case involving the Lindt chocolate bunny

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