Background In 1999, Adidas obtained a registered trade mark for trousers having three stripes vertically arranged between the waistband and the hem. The trade mark was registered in black‑and‑white and thus did not specify any colours. Then, in 2022, Nike offered five...
In a little more detail, Lidl had argued that Tesco had infringed its copyright, trade mark registration, and passing off rights of its Lidl logo, by Tesco’s use of their Clubcard prices (CPP) logo. This argument succeeded in the Judge’s Decision. However, the Judge...
Background Early in 2020 (as the Covid-19 pandemic began), Thatchers launched its Cloudy Lemon Cider, which was also registered as a trade mark in the United Kingdom. The packaging of this canned beverage is shown below: Two years later, Aldi launched a similar cloudy...
Prior attempts – Puck Schrover case Previously, several models have filed applications to register trade marks of real-life pictures but have mostly been unsuccessful. One of the recent cases involved the figurative mark of Dutch model Puck Schrover. The application...
Background In mid-2015, the IP company responsible for managing Lewis Hamilton’s IP (which Formula 1 fans will be amused to read is aptly named “44IP Limited”) applied to register “LEWIS HAMILTON” as an EU trade mark. Registration was ultimately allowed for various...
The application was rejected by the Examiner under Article 7(1)(b) EUTMR which states:- The following shall not be registered: … (b) trade marks which are devoid of any distinctive character. The Examiner considered the mark would be recognised as an emoji...
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