Philips Electronics NV v Ingman Ltd
Jurisdiction | England & Wales |
Year | 1998 |
Date | 1998 |
Court | Court of Appeal (Civil Division) |
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The London Taxi Corporation Ltd trading as the London Taxi Company v Frazer-Nash Research Ltd and Another
...express requirement that the shape must add substantial value. The importance of this was recognised by the Court of Appeal in Philips [1999] R.P.C. 809 where Aldous L.J. said at 822–833: 'The subsection is only concerned with shapes having "substantial value". That requires a conclusion as......
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1 firm's commentaries
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Nestlé's Two And Four-Finger Kit Kat Shape Marks Held To Be Invalid
...function of the shape must be disregarded). The court agreed with Aldous LJ in Philips Electronics NV v Remington Consumer Products ([1998] RPC 283 (CA)) that this exception was to exclude "aesthetic-type shapes" which adds substantial value (as opposed to the technical result exception, wh......
4 books & journal articles
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European Union Law as Foreign Law.
...Ltd., 2002 E.C.R. 1-5490). (162.) See id. at (opinion of Grunis, J.) (citing Philips Elec.'s NV v. Remington Consumer Prod.'s Ltd., [1999] R.P.C. 809, 820). (163.) CivA 7629/12 Swissa v. Tommy Hilfiger Licensing LLC. Nevo Legal Database (Nov. 16, 2002) (Isr.) [hereinafter Swissa Case]. (164......
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Shaving the Trade Marks Directive Down to Size?
...FSR 713, 730; Scandecor Development AB vScandecor Marketing AB [1998] FSR 500, 519; Philips Electronics BV vRemington ConsumerProducts [1998] RPC 283, goods and their packaging are now expressly included in the definition ofregistrable marks.7However, the drafters of the Directive were awar......
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Intellectual Property Law
...had done. 16.13 This decision is to be contrasted with the position in the UK. In Philips Electronics NV v Remington Consumer Products Ltd[1999] RPC 809 (‘Philips’), the UK Court of Appeal had regard to Sched 3 to the UK Trade Marks Act 1994 (c 26) (‘the UK 1994 Act’) and said that a trade ......
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RIGHTS AND DEFENCES AT THE INTERFACE OF COPYRIGHT AND TRADE MARK LAW: A CLOSER LOOK AT THE “ARTISTICALLY ENDOWED TRADE MARK” PHENOMENON
...of the TMA). Jacob J’s approach was later endorsed by the English Court of Appeal in Philips Electronics BV v Remington Consumer Products[1999] RPC 809. See also Cornish, supra note 3, at paragraphs 17-88 and 17-112. The ruling in British Sugar may be contrasted with that in Bravado Merchan......