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girls v boys

Trade mark ‘scout’ wars – girls vs. boys

The Girl Scouts of America are suing the Boy Scouts of America, Arguing that the Boys’ recent rebranding (from Boys Scouts to Scouts) has caused consumer confusion, mistaken enrolment and misinformation about a merger between the two organisations. The two groups have coexisted peacefully for a long time, but problems arose when the “core gender distinction” was removed by the Boys when they announced last year that that they would start accepting girls in 2019.…
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Lego

LEGO wins significant victory in China

The Chinese toys and games market is reportedly worth over $31 billion and so it comes as no surprise that a number of local firms have sought to capitalise on the reputation of some of their more established Western counterparts. There exists something of a stereotype in these situations (and some would say deservedly so) whereby the Western rights holder is doomed to fail in any actions against Chinese companies and so it is encouraging…
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Duck

Red Bull fail to clip Asolo’s wings: Let the Duck out

The European Court of Justice has ruled against Red Bull in its fight to invalidate the trade mark “FLÜGEL” ( meaning ‘wings) owned by Austrian drinks company Asolo. Asolo have had their mark since the late 1990’s in class 32 for drinks and fruit juice and in class 33 for alcoholic drinks (except beer).  However in 2011 Red Bull decided to seek invalidity of the Asolo mark on the basis of two earlier Austrian trade…
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Trump

Winter is Coming: A Game of Memes

We have written in our blog previously about how to go about dealing with individuals or businesses who use your trade marks without permission, but what of businesses that parody your brand? This is a tricky one to deal with and it’s something that can really niggle brands particularly if the person doing the parodying is an individual they do not want to be associated with or a business they are in competition with. While…
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cheese

No copyright in taste of cheese

The long awaited judgment of the European Court of Justice published yesterday confirms that there is no protectable copyright in the taste of cheese. This is not unexpected as the publication of the Advocate General’s opinion in July which precedes all court judgments did not think that taste could be protected by copyright either. Back then the Advocate General was of the opinion that anything that cannot be perceived through hearing or sight and is…
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Briffa is a firm of leading intellectual property solicitors based in London. We’re creative, transparent and competitively priced — our highly skilled team provides the level of expertise and quick turnaround times you need to ensure your intellectual property and business interests remain protected.

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