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lego

LEGOLAND or LEGNOLAND – where would you rather go?

For those of you who speak Italian, you will undoubtedly know that LEGNOLAND means “land of wood”. Whilst LEGOLAND doesn’t necessarily mean “land of plastic”, it’s not far off. So, on that basis, I think I’ll stick to the woods. However, the EU Intellectual Property Office (“EUIPO”) recently decided that the average consumer when seeing the mark LEGNOLAND wouldn’t think of campfires, tents and roasted marshmallows and would instead be ushering their kids into the…
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Ferrari

Use it or lose it – an expensive lesson for Ferrari

The Ferrari 250 GTO was a sports car manufactured by Ferrari in the 1960s. Today, you would pay an eye-watering £50 million for one of these iconic models. Unsurprisingly, Ferrari wanted to maximise its IP protection for the car design and therefore in 2007 it filed an application to register the shape of the car as a trade mark with the EU intellectual property office. (image from EUIPO) The trade mark was ultimately registered in…
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online shopping

Beyond Bricks and Mortar

The Advocate General of the Court of the Justice of the EU (CJEU) has just issued an opinion that could have welcome implications for a number of businesses in these uncertain times.
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trade mark

Word or logo? Choosing the perfect trade mark application

In these strange times we’re used to big questions and the controversy that accompany them, lift lockdown or don’t lift lockdown? 1 meter or 2? Mask or no mask? Stand outside the newly opened pub or go inside? You know, big stuff. But the biggest question in the mind of a potential trade mark applicant is whether to file a word mark or a logo. Now of course it’s worth nothing from the outset that…
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Feta

No such thing as ‘Icelandic feta’

In April Greek MP Emmanouil Fragkos filed a complaint with the European Parliament regarding the Islandic company MS Iceland Dairies producing and selling ‘feta’ cheese products. ‘Feta’ is a protected designation of origin held by Greece, which means that only Greece, and not any other country, can brand its cheese as ‘feta’ if it conforms with certain rules of production. Protected designation of origin is a name of a region, place or country used to…
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communications

Case Study: Trade Mark Specs and Bad Faith

I wanted to review the case of Sky Plc & Ors v SkyKick UK Ltd & Anr and considering the findings of the case. From this case is an EU trade mark invalid on the basis of an overly broad specification of goods/services? The background Sky Plc (Sky), the large media and telecommunications company, brought trade mark infringement and passing off claims against SkyKick UK Limited (SkyKick), a business that provides software solutions to SMEs.…
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Black Lives Matter

Attempt to Register ‘Black Lives Matter’ and ‘I Can’t Breathe’ as trade marks should fail

It was inevitable really. In the midst of a tragedy and subsequent worldwide public outcry for an end to prejudice, inequality and injustice, someone has sought to benefit commercially from the situation. Stand up Mr Georgious Demitriou who through his company Licensed to Thrill has applied to register the trade marks Black Lives Matter and I Can’t Breathe. Filed on 6 June, the Black Lives Matter application seeks to secure rights in the mark for…
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gossip

XOXO … EUIPO

A recent decision from the EU Intellectual Property Office has affirmed that when registering a trade mark you need to carefully consider the requirements of each individual territory. In addition, the EU Intellectual Property confirmed that just because you have previously been granted a trade mark for a specific term, does not mean that you will automatically meet the necessary requirements for a trade mark. For those avid fans of the TV drama Gossip Girl,…
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Logos

Logos: dotting the “i”s and finishing the “p”s

Intellectual property (IP) is a blanket term under which falls a number of IP rights, these rights traditionally include copyright, designs, trade marks and patents. Usually these rights have some form of overlap, they work with each other to give the creator of the work protection against copying and, most importantly, value as IP is an asset which can be sold or licenced. Logos are a good example of how these IP rights come together.…
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Start-up

Startups and IP: 3 key things to think about

For some startups intellectual property is their main and the most valuable asset, and therefore it is extremely important to take care of their IP. Here are the 3 key things to think about to ensure you properly protect your IP and safeguard the value of your business: 1. Identify what IP you have and what you need to do protect it There are several types of intellectual property rights: · Copyright · Trade Marks…
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