Registrability in UK Law
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Thomson Holidays Ltd v Norwegian Cruise Line Ltd
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In my view that task should be carried out so as to limit the specification so that it reflects the circumstances of the particular trade and the way that the public would perceive the use. If the test of infringement is to be applied by the court having adopted the attitude of such a person, then I believe it appropriate that the court should do the same when deciding what is the fair way to describe the use that a proprietor has made of his mark.
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Designer Guild Ltd v Russell Williams (Textiles) Ltd (trading as Washington DC)
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The purpose of the examination is not to see whether the overall appearance of the two designs is similar, but to judge whether the particular similarities relied on are sufficiently close, numerous or extensive to be more likely to be the result of copying than of coincidence. It is at this stage that similarities may be disregarded because they are commonplace, unoriginal, or consist of general ideas.
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Angiotech Pharmaceuticals Inc. v Conor Medsystems Inc.
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In the Court of Appeal, Jacob LJ dealt comprehensively with the question of when an invention could be considered obvious on the ground that it was obvious to try. He correctly summarised the authorities, starting with the judgment of Diplock LJ in Johns-Manville Corporation's Patent [1967] RPC 479, by saying that the notion of something being obvious to try was useful only in a case in which there was a fair expectation of success.
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H Young (Operations) Ltd v Medici Ltd
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I do not think there is anything technical about this: the consumer is not expected to think in a pernickety way because the average consumer does not do so. In coming to a fair description the notional average consumer must, I think, be taken to know the purpose of the description. Otherwise they might choose something too narrow or too wide. The whole exercise consists in the end of forming a value judgment as to the appropriate specification having regard to the use which has been made.
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Compass Publishing BV v Compass Logistics Ltd
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The visual, aural and conceptual similarities of the marks must be assessed by reference to the overall impressions created by the marks bearing in mind their distinctive and dominant components. Furthermore, if the association between the marks causes the public to wrongly believe that the respective goods come from the same or economically linked undertakings, there is a likelihood of confusion.
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Youview TV Ltd v Total Ltd
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I reject Mr Alexander's submission that one should construe database and database programs to "freestanding" ones. Mr Alexander's analogy with the car would only be relevant at all if the specification was limited so as to restrict it to goods where the database program was necessarily sold as a small part of a larger article. The specification in issue here does not have that effect.
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IPC Media Ltd v Highbury-SPL Publishing Ltd
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In copyright cases, chipping away and ignoring all the bits which are undoubtedly not copied may result in the creation of an illusion of copying in what is left. If you look at those remaining grains it is possible to say that similar patterns of distribution exist. It is even possible to say that these similarities are surprising. This type of artefact created by close attention only to the areas of similarity is a risk in any court proceedings.
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Trade Marks Act 1938
... ... ) of subsection (1) ... of section four, or in paragraph ( b ... ) of subsection ... (3) of section thirty-seven, of this Act ... Registrability and validity of registration ... Registrability and validity of registration ... Distinctiveness requisite for registration in Part A. 9 ... ...
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The Registered Designs and Trade Marks (Isle of Man) (Amendment) (EU Exit) Order 2019
... ... (b) the registrability of the trade mark shall not be affected by any use of the mark in the United Kingdom which commenced in the period between the date referred to in ... ...
- The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019
- The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019
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Shaving the Trade Marks Directive Down to Size?
... ... of the exceptions, together with the question of the extent to which policy concerns should be built into other parts of the test of registrability. 13 In the United Kingdom these issues were recently addressed by the Court of Appeal in Philips Electronics NV v Remington Consumer Products Ltd ... ...
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The Intersection between Registered and Unregistered Trade Marks
... ... in the TMA for rejecting an application that are relevant when considering how unre gistered marks impact upon decisions as to registrability. The first ground for rejecting an application to register a mark that needs to be considered in this context is found in s 42(b ). That section ... ...
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Lords Design Constraints
... ... to parts of an article which ‘must match’ another article.6 The introduction of these restrictions upon registrability reflects a belief that problems exist in relation to complex products which do not correspond to the image of the commodity ... ...
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A Square Foot of Old Scotland: Ownership of Souvenir Plots
... ... Para 4.32 ... The Scottish Law Commission Report on Land Registration notes, “[w]e have seen it suggested that the non-registrability of souvenir plots means that ownership in them passes by simple contract. That is not so.”10 ... Report on Land Registration (Scot Law Com No 222, ... ...
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Colour Cohesion: The Secret To Registering Your Alcohol Bottle Shapes?
... ... Recently, further guidance from the Fifth Board of Appeal (the ... Board) in relation to the registrability of 3D shapes (specifically ... in the drinks sector) has come to light. This follows an EUIPO ... examiner's decision to refuse registration of a ... ...
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Transport Research And Innovation Grants 2022 (TRIG 2022) Now Open To Applicants
... ... important. We can provide initial advice or opinions on the ... patentability of your ideas, or on the registrability of the design ... of the products themselves, or even likely risks to you if you are ... aware of, or need to find, third party IP. We are also ready ... ...
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Protection Of Colour Combination Marks
... ... Subject to any appeal by Red Bull to the CJEU, the decision was a blow for brand owners, setting the test for registrability of two-colour marks very high. Indeed, the effect of the decision seems to be that colour marks comprising colour combinations are harder to register ... ...
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Loss Of Gravity For The Moon Boot
... ... registered forever, unlike designs or other IP rights. However, ... fulfilling the legal registrability criteria at the application ... filing stage does not guarantee lifelong immunity from problems ... Trade mark protection is neither static nor ... ...