The Attack of the Toblerclones – Sale of Poundland’s ‘Twin Peaks’ allowed by Mondelez but only for a limited run!

Poundland announced in June 2017 its intentions to release a mountain-inspired chocolate bar, Twin Peaks, by December.  However, the product’s release was halted after it received a legal letter from Mondelez, the legal owners of the Toblerone brand, claiming trade mark infringement for the overall shape of the bar, the pyramid-shaped chocolate peaks, the prism-shaped…

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Prior rights and pizza

The UK Court of Appeal recently handed down judgment in Caspian Pizza and ors. v Shah and ors. [2017] EWCA Civ 1874, which has taken another look at whether someone with a valid ‘locality’ defence to trade mark infringement has sufficient right to invalidate the trade mark asserted against it. Background and first instance The…

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