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- Posted by Anna Orchard on October 14, 2019 / Posted in NewsSutter Homes Winery claims trade mark infringement against Tri-VinSutter Home Wineries is one of the largest family-run independent wineries in the US. It became famous for its White Zinfandel wine that it released in 1972. It has recently made a complaint to the US District Court with the Northern of California, alleging that a Tri-Vin Imports (a wholesaler and distributer of wine) has infringed its trade mark to sell a competitor’s wine. The trade mark dispute centres around Sutter Home Winery’s trade mark ‘Napa [...]Read more
- Posted by Ellis Sweetenham on October 08, 2019 / Posted in Trade MarksKim Kardashian West, who has many businesses under her name and initials, has taken action against a ‘KKW’ trade mark application filed in the US by a Chinese Company.Kim Kardashian West, who has many businesses under her name and initials, has taken action against a ‘KKW’ trade mark application filed in the US by a Chinese Company. The application in question was filed by Xiamen Luo feng Technology to cover goods and services including mobile phone cases, sunglasses and headphones. Kardashian has been trading under the name Kim Kardashian West and KKW since 2017 with her beauty brand. A formal opposition has been filed to the US Patent and [...]Read more
- Posted by Sena Tokel on October 01, 2019 / Posted in Trade MarksAs a general rule, it is advised that laudatory terms should be avoided when making a trade mark application.As a general rule, it is advised that laudatory terms should be avoided when making a trade mark application. A laudatory term is one that attributes to the quality or excellence of a product and/or service, for example, ‘the best pizza shop’ or ‘wonderful supermarket’. Marks that include words that give praise of commendation to the product or service are generally considered to be devoid of distinctive character and as such, are highly likely to be refused by a trade [...]Read more
- Posted by Anna Orchard on October 01, 2019 / Posted in NewsBeyoncé attempts trade mark Blue Ivy Carter ‘s name, after stating her daughter is a "cultural icon"Beyoncé has to arguably be one of the most notable and celebrated star icons of the 21 st century. Her powerhouse vocals and her energetic moves have solidified her as an entertainer for the ages. However, her claim that her daughter Blue Ivy Carter is a ‘cultural icon’, calls to question whether a celebrity’s global presence is strong enough to make the name of a seven-year-old distinctive to be registered as a trade mark? An American regional wedding planning bears to [...]Read more
- Posted by Sena Tokel on September 28, 2019 / Posted in Trade MarksThe UKIPO have rejected Liverpool FC’s controversial application to trade mark 'City of Liverpool FC'.The UKIPO have rejected Liverpool FC’s controversial application to trade mark 'City of Liverpool FC'. In July Liverpool FC made the now withdrawn application, under the class of 'clothing, footwear and headgear' in an attempt to minimize the sales of counterfeit goods. This unsurprisingly created much controversy which resulted in the application allegedly receiving several oppositions from both the mayor and numerous business owners living in the city. The club who have a history [...]Read more
- Posted by Sena Tokel on September 24, 2019 / Posted in Trade MarksTrade mark infringement is the unauthorised use of a registered trade mark by a third party.The law on trade mark infringement in the UK is provided by the Trade Marks Act 1994 (TMA). Section 10 of the TMA sets out a range of offences related to the infringement of a trade mark, namely: - The mark used by the infringer is identical to the owners registered trade mark and is used in relation to goods and/or services that are identical to those published on the trade marks register. - The mark used by the infringer [...]Read more
- Posted by Anna Orchard on September 23, 2019 / Posted in NewsTinder has sent Wild a notice asking it to cease using any trademarks that belong to it.The notorious dating app Tinder has become one of the main ways in which people in the 21 st century date. As controversial as this fact may be, it seems to have become accepted in modern society. Consequently, when a competitor dating app Wild launched its app, Tinder was going to ensure that its trade mark rights were protected. Recently, Tinder has sent Wild a notice asking it to cease using any trade marks that belonged to it. Tinder is concerned over Wild’s use of the flame [...]Read more
- Posted by Anna Orchard on September 19, 2019 / Posted in NewsApples has brought forward an application to trademark iphone 11 “slofie” function.For all the Apple Fans out there, the recent news released by Apple is sure to bring about excitement. Apple have announced that they will be releasing a new iPhone 11 and 11 Pro, which despite the fact the look of the phone is nothing revolutionary, the phone can in fact shoot a slow-motion live photo with the front facing camera. Apple have named this function as “ Slofie”. Like with any new release there will be a sudden increase of this function in the market. Therefore, [...]Read more
- Posted by Anna Orchard on September 18, 2019 / Posted in NewsLeBron James attempt to Trademark 'Taco Tuesday' has failed on relative and absolute grounds by the US Patent and Trademark Office.LeBron James has caused uproar for Taco enthusiasts. Earlier this week LeBron attempted to trade mark the term ‘Taco Tuesday’. Despite the fact LeBron is recognised for using this term, the United States Patent and Trademark Office have disputed this claim stating that it is ‘commonly used term’. As a result, this trademark would fail on absolute grounds. What even is taco Tuesday? It is a widely used term by many to express a selected day for tacos- it is a [...]Read more
- Posted by Anna Orchard on September 18, 2019 / Posted in NewsAir New Zealands trademark conflict with the Maori community over the phrase Kia OraA recent dispute has come to light between Air New Zealand and the Maori Community. This is over Air New Zealand’s attempt to trademark the imagine of the words “ Kia Ora ”. The word “ Kia Ora ” is the title of the airlines in flight magazine however this has caused a great amount of conflict between the Maori community. Kia Ora in Maori is a phrase used amongst the indigenous community; as a greeting. However, the airline argue that it is not the words themselves [...]Read more