Blog Archive

• Trademarks. What constitutes identical goods in the European Union?
  Posted by Jane Coyle on April 11, 2014 / Posted in Trade Marks
  What constitutes identical goods in the European Union?
  The rights conferred to a trade mark proprietor contrary to Article 5 of Directive (EC) 2008/ 95; Article 9 of Regulation (EC) 207/2009; and section 10 of the Trade Marks Act 1994 are synonymous thus have the same level of protection. Article 5(1)(a) of the Directive states: “The registered trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade: (a) any sign [...]
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• Blog Registered Designs. Trunki v. Kiddee Case 28 February 2014
  Posted by Jane Coyle on April 11, 2014 / Posted in Trade Marks
  Court of Appeal overturn High Court ruling of infringement in Trunki v. Kiddee Case 28 February 2014
  The Court of Appeal overturned a High Court decision of infringement by ruling that the Community Design Right for Magmatic Ltd’s Trunki, a ride-on suitcase for children, was not infringed by competitor PMS International’s Kiddee Case. The Kiddee Case is also a ride-on suitcase for children and is available in various animal type designs. It was common knowledge that the Kiddee Case design was somewhat based on that of the Trunki design. PMS International’s Kiddee [...]
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