Search results for

The Irish High Court has recently considered the meaning of "genuine use" of a mark in Compagnie Gervais Danone v Glanbia Foods Society Limited [2007] IEHC 126, High Court, Mr Justice Finlay Geoghegan, April 20 2007. The case involved Danone's Essensis mark which was registered in 2000 in Ireland for, among other things, milk, milky deserts and yoghurts. In 2006, Glanbia introduced into the market a range of fermented milk products called Essence. Danone sued for infringement and Glanbia counterclaimed.

Kathleen Lemieux and Hafeez Rupani, Borden Ladner Gervais

Bradley J Freedman, Borden Ladner Gervais Cloud computing is widely recognised as one of the most important new strategic technology opportunities for business. Cloud computing enables a business to outsource its information technology requirements to a specialist service provider who can rovide required services in a better and more efficient and cost effective manner. Cloud computing allows a business to focus on its core competence and leave the IT stuff to the experts. For those reasons, cloud computing can provide significant benefits, but it can also present substantial risks. Following is a summary overview of cloud computing and its potential benefits and risks, and some guidance for the procurement of cloud computing services.

The Supreme Court of the Czech Republic has considered an appeal against decisions of courts of lower instances in the case of the infringement of trade mark rights (8Tdo239/2004).

China-based Netac Technology Co has been actively enforcing its patent rights in China in recent years, pursuing lawsuits against competitors ranging from local manufacturers to international corporations such as Sony. According to Netac, such cases were either won outright or out-of-court settlements were reached, often resulting in Netac becoming the defendants' product supplier. Furthermore, companies such as Toshiba, Kingston, PNY and Phison, to name a few, agreed to sign licence agreements, entitling Netac Technology to royalties.

The battle for the Village People in Newport, dancing on the streets in Sierra Leone and an odd way to deal with a Situation

The Department of Intellectual Property of Thailand opened its doors to PCT applications on December 24 2009. Since then, any PCT application filed on or after 24 December 2009 has automatically included the designation of Thailand.

We reported previously in this column how Société des Produits Nestlé sued for a preliminary injunction prohibiting the retail discounter Denner from selling and advertising coffee capsules compatible with Nestlé's Nespresso coffee machines that were similar in appearance to the Nespresso coffee capsules. Nestlé's claims were based on a three-dimensional trade mark registration for the capsule shape, on a trade mark registration for the mark What Else? and on unfair competition law. The first instance judge granted the injunction in ex parte proceedings, but subsequently essentially revoked it in inter partes proceedings. The judge considered Denner's argumentation persuasive that the form registered in Nestlé's 3D trade mark cannot be granted trade mark protection because it is technically necessary, in particular for capsules intended to be compatible with Nespresso coffee machines. Nestlé on the other hand argued that the conical shape of its coffee capsule registration is not technically necessary for compatibility with Nespresso coffee machines or other machines, and that a number of alternative, different Nespresso-compatible capsule shapes exist, so that its trade mark registration was valid.

The Singapore patent system provides several options for completing the search and examination procedure:

The Supreme Administrative Court, on May 31 2011, dismissed an earlier judgment of the District Administrative Court in Warsaw in a case resulting from a complaint filed by Tiffany Broadway of Texpol Corporation over a decision of the Polish Patent Office cancelling the Tiffany trade mark, and returned the case to the District Administrative Court for re-examination.