Intellectual Property Brands Invalidity of Trademark in UK Law

  • 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" ... ...
  • Sky Plc v Skykick UK Ltd
    • Chancery Division
    • 06 Febrero 2018
    ... ... HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS INTELLECTUAL PROPERTY LIST (CHANCERY ... be asserted as a ground of invalidity? 158–161 ... Premier Brands UK Ltd v Typhoon Europe Ltd [2005] FSR 767 at ... in the United States Patent and Trademark Office (“USPTO”) issued objections, which I ... ...
  • Fine & Country Ltd and Others v Okotoks Ltd (formerly Spicerhaart Ltd) and Another
    • Chancery Division
    • 31 Julio 2012
    ... ... Defendants both operate in the premium property market. Although the Claimants’ direct ... brands. As well as “haart”, and now “FINE”, ... a partner (for some 5 years) in the intellectual" property department of Wallace LLP (the Claimants\xE2" ... the reasons set out in the Grounds of Invalidity served with those counterclaims ... 233 ... not generally relevant to a claim for trademark infringement under art.9(1)(b). In saying this, I ... ...
  • Thomas Pink Ltd v Victoria's Secret UK Ltd
    • Chancery Division
    • 31 Julio 2014
    ... ... COMMUNITY TRADE MARK COURT INTELLECTUAL PROPERTY Royal Courts of Justice ... The ultimate parent company is L Brands Inc. Victoria's Secret started in the USA in the ... rights of a proprietor of the Community trademark shall be revoked if within a continuous period of ... were concerned with the question of invalidity whereas this case relates to revocation ... 56 ... ...
  • Sazerac Brands, LLC v Liverpool Gin Distillery Ltd
    • Chancery Division
    • 10 Septiembre 2020
    ... ... HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INTELLECTUAL ... The Claimants seek a declaration of invalidity of the First Defendant's UK trade mark on the ... date or the priority date of the EU trademark, the proprietor of that EU trademark shall be ... ...
  • WHG (International) Ltd (A Gibraltar Company) and Others v 32 Red Plc (A Gibraltar Company)
    • Chancery Division
    • 21 Enero 2011
    ... ... fraudulent infringement of 32Red's intellectual property rights, including in particular the ... mark "32Vegas" as well as several other brands owned by Crown Solutions. From the point of view ... Detailed grounds of invalidity were set out in a separate document also served ... party to apply to register a Community trademark merely because he knows that third parties are ... ...
  • Special Effects Ltd v L'Oréal SA
    • Court of Appeal (Civil Division)
    • 12 Enero 2007
    ... ... 20 Defendant International Trademark Association Intervener [2007] ... CHANCERY DIVISION INTELLECTUAL PROPERTY THE CHANCELLOR OF THE HIGH COURT ... , to counterclaim for a declaration of invalidity of the registered trade mark, and for passing ... Laboratories Inc v Luxury Skin Care Brands Pty Ltd [2003] FCA 1517 Gyles J commented on ... ...
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