Intellectual Property Brands Invalidity of Trademark in UK Law

Leading Cases
  • R v (on the application of British American Tobacco UK Ltd and Others) v Secretary of State for Health
    • Court of Appeal (Civil Division)
    • 30 Noviembre 2016
    ... ... (2) British American Tobacco (Brands) Inc (3) British American Tobacco ... in the context of alleged violations of property rights". In finding against the claimants, the ... on Trade-Related Aspects of Intellectual Property Rights (Annex 1C of the Marrakesh ... to a ground for the declaration of invalidity of a registered trade mark under section 47(1) of ... [266] that "the essential substance of a trademark right does not consist in an entitlement as ... ...
  • Combe International LLC v Dr August Wolff GmbH & Company KG Arzneimittel
    • Court of Appeal (Civil Division)
    • 30 Noviembre 2022
    ... ... THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INTELLECTUAL ... Property Office for a declaration of invalidity of the Wolff EUTM. If that application is ... the use of a younger registered trademark for a period of five consecutive years with ... is common for pharmaceutical and cosmetic brands to use ‘ Dr ’ followed by a name as the ‘ ... ...
  • Planetart LLC (incorporated under the laws of Delaware, USA) v Photobox Ltd
    • Chancery Division
    • 25 Marzo 2020
    ... ... HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL ... a case, consumers may recognize that the brands are different but consider that a claimant is in ... not generally relevant to a claim for trademark infringement under art.9(1)(b) ... In saying this, ... Alleged invalidity of the First Defendant's trade mark 00003342932 ... ...
  • Starbucks (HK) Ltd and Others v British Sky Broadcasting Group Plc and Others
    • Chancery Division
    • 02 Noviembre 2012
    ... ... He submitted that the claim for invalidity was unanswerable, to the extent that this court ... distribution under the 'NOW' and now TV brands. Distribution of this extended Chinese language ... merely those which serve to designate a property, easily recognisable by the relevant class of ... , he had considerable knowledge of intellectual property law and he had already formed the ... Sky's use was "close-ish to sort of trademark infringement" ... ...
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Books & Journal Articles
  • Patent Infringement in Australia: Results from a Survey
    • No. 38-1, March 2010
    • Federal Law Review
    • 0000
    ... ... Intellectual property ('IP') owners will not, for example, be ... rights confer effective exclusivity over brands, ideas or ... granted at the United States Patent and Trademark Office ('USPTO') or European Patent Office ... owner, will have had the issue of invalidity assessed, either by the alleged infringer or at ... ...
  • ‘Choking smokers, don’t you think the joker laughs at you’: European Union competence and regulation of tobacco products packaging under the new Tobacco Products Directive
    • No. 25-4, August 2018
    • Maastricht Journal of European and Comparative Law
    Directive 2014/40 updated and repealed Directive 2001/37. As with the previous Directive, the new Tobacco Products Directive’s legal basis, proportionality, and subsidiarity were at issue in three ...
    ... ... that the possibility to rely on the invalidity of an EU measure was ‘notconditional upon that ... design packaging and competi-tion between brands and products, as noted above, the AG had ... 3746.Abaquesne de Parfouru 437 ... property rights and freedom to conduct a business.193This ... : ‘including any term, descriptor, trademark, figurative or any other sign ( ... )’.220 ... assessment on the subject, and intellectual propertyrights.228The Agricultureand Rural ... ...
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Law Firm Commentaries
  • Seeing Double? Honest Concurrent Use Of The Budweiser Trademark
    • Mondaq United Kingdom
    ... ... If two identical brands co-exist for a long period of time, with little ... The Intellectual Property Office, and subsequently the High Court, ... BB's appeal and the declaration of invalidity of BB's trademark was overturned. Comment This ... ...
  • How To Protect Your Brand Online
    • Mondaq UK
    ... ... but please see our insights on securing trademark protection in the ... metaverse for more ... searching for your key brands and/or product names. The sweeps ... should be ... anti-counterfeiting and intellectual property infringements ... When an infringing ... invalidity and so in effect the threats claim is tagged on ... ...
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