Catchy title I hear you say, well yes, protected geographical indications are catchy, so catchy that they can be a complete block to your trade mark application, even if the mark you’re trying to register isn’t identical. This is what happened to the applicants for the EU trade mark TOSCORO. They applied for this mark in relation to olive oil (and olive paste) and, although it was registered initially, it was later found to be…continue reading
Kylie who? We all love the idea of a celebrity trade mark dispute of titanic proportions – a veritable clash of the Kylies
We all love the idea of a celebrity trade mark dispute of titanic proportions – a veritable clash of the Kylies. The reality of what has gone down in the last few weeks (despite recent reports in mainstream media) is very different. Better the Devil You Know – The devil is in the detail The first point to note is that there are two completely separate sets of trade mark applications at issue here. First,…continue reading
A US court has held, that Facebook obtained virtual reality software from ZeniMax, after they acquired Oculus back in 2014. It was held, that Palmer Luckey, co-founder of Oculus breached his non-disclosure agreement (NDA) when he left Zenimax, taking his software code with him. As a result, Facebook have been ordered to pay £395 million in damages. This Oculus (Facebook) case, encompasses all aspects of confidentiality; trade secrets, employee restraint and non-disclosure (confidentiality) agreements (NDA’s). In…continue reading
Have you ever been out and considered the wine list, ordered a drink in a bar or restaurant or bought a drink in a shop and thought: ‘I wonder if there is a trade mark infringement issue here?’ The EU General Court had to do just that in a recent case between Anton Riemerschmid Weinbrennerei und Likörfabrik (“Anton Riemerschmid”) and Viña y Bodega Botalcura (“Viña y Bodega”) and possible likelihood of confusion. In 2014, Anton Riemerschmid…continue reading
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