Vibe Technologies Ltd's Application No 2390030

JurisdictionEngland & Wales
Judgment Date2008
Date2008
Year2008
CourtTrade Marks Registry
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18 cases
  • Whirlpool Corporation and Others v Kenwood Ltd
    • United Kingdom
    • Chancery Division
    • 4 August 2008
    ...82 As to which see Unilever Ltd's (Striped Toothpaste No.2) Trade Marks [1987] RPC 13 (Hoffmann J); Vibe Technologies Ltd's Application BL O-166 08,16 June 2008 (Mr. Richard Arnold QC) at paras. 72 to 91; and Kerly's Law of Trade Marks and Trade Names 14th Edn (2005) paras. 8–023 to 8–025. ......
  • Fine & Country Ltd and Others v Okotoks Ltd (formerly Spicerhaart Ltd) and Another
    • United Kingdom
    • Chancery Division
    • 31 July 2012
    ...for registration unless article 3(3) of the Directive applies.” 244 217. Kerly at paragraph 8–016 states that in Vibe Technologies [2009] ETMR 12 at [61]-[65] the following five propositions were “correctly described as being well settled” (by Richard Arnold QC as he then was). Under each e......
  • Societe des Produits Nestle SA v Cadbury UK Ltd
    • United Kingdom
    • Chancery Division
    • 17 January 2014
    ...v Mars UK Ltd [2005] ECR I-6135 at [26]–[30] and my decision when sitting as the Appointed Person in Vibe Technologies Ltd's Application [2009] ETMR 12 at [90]–[91], the hearing officer concluded that Nestlé had failed to establish that the Trade Mark had acquired a distinctive character t......
  • Lidl Great Britain Ltd v Tesco Stores Ltd
    • United Kingdom
    • Chancery Division
    • 19 April 2020
    ...Given my findings above and having regard to the principles on distinctive character identified by Arnold J in Vibe Technologies Ltd [2009] E.T.M.R 12 at [61]–[65] and Enterprise Holdings Inc v Europcar Group UK Ltd [2015] FSR 22 at [144]–[152], including the need to make an overall assessm......
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1 firm's commentaries
  • Nestlé's Two And Four-Finger Kit Kat Shape Marks Held To Be Invalid
    • Singapore
    • Mondaq Singapore
    • 16 February 2016
    ...to buy the goods. This was cited with approval by Phang J in Nation Fittings ([2006] 1 SLR(R) 712) as well as Arnold J in Vibe ([2009] ETMR 12). In the present case, Chan J agreed that reliance of the shape as a badge of origin is necessary, although he accepted that it would be difficult f......

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