Blog Archive
- Posted by Jane Coyle on March 14, 2014 / Posted in Trade MarksRegistered Designs – the basics.What is a registered design? A Registered Design is a legal right which protects the overall visual appearance or a part of a product. A registered design will enable the proprietor to have an exclusive right in the country it is protected. The physical shape, configuration or decoration of a product can be registered. A ‘design’ is defined as “the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, [...]Read more
- Posted by Jane Coyle on March 06, 2014 / Posted in Trade MarksCourt of Justice of the European Union (CJEU) increases uncertainty following their decision in H. Gautzsch Großhandel GmbH & Co. KG v Münchener Boulevard Möbel Joseph Duna GmbH (Case C 479/12) (1).European design law considers the novelty and character of a design by observing prior designs. Prior designs are to be disregarded, if it could have become reasonably known in the normal course of business to the circles specialised in the sector concerned operating within the European Union within the meaning of Article 11(2) of Council Regulation (EC) No 6/2002. This case causes ambiguity on what does and does not, on the facts, amount to a disclosure which is sufficient to become known. The [...]Read more
- Posted by Jane Coyle on March 06, 2014 / Posted in Trade MarksUsing a similar logo – how far can you go?Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] is a case that, in the context of trade mark infringement, concerns brand logos used in connection with men’s clothing. The court in this case considered the likelihood of confusion, unfair advantage, and the issue of whom the “average consumer” was when the parties were selling identical goods but targeting different markets. The claimant (Jack Wills) claimed that House of Fraser had infringed their UK and Community Trade [...]Read more