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- Posted by TMR TMR on December 14, 2020 / Posted in Trade MarksAfter nine years, Lionel Messi has won a trade mark battle allowing him to register his surname, the European Court of Justice (ECJ) has ruled.After nine years, Lionel Messi has won a trade mark battle allowing him to register his surname, the European Court of Justice (ECJ) has ruled. The footballer originally applied to register the trade mark ‘Messi’ as a sportswear brand in 2011, but was hindered following appeals from Spanish Cycling company, Massi, arguing that the names were too similar and would likely cause confusion. Massi was originally successful in challenging the registration of the trade mark as the [...]Read more
- Posted by TMR TMR on December 14, 2020 / Posted in Trade MarksIn June of this year, the band formerly known as Lady Antebellum announced they were changing their name to Lady A, a nickname they claimed to be pre-established and used among fans since their formation in 2006.In June of this year, the band formerly known as Lady Antebellum announced they were changing their name to Lady A, a nickname they claimed to be pre-established and used among fans since their formation in 2006. Their key reasoning being due to the realisation of connotations linking the word ‘antebellum’ to the slave trade, vowing the name change to be their first step in a commitment to practice antiracism. However, what could be seen as a positive step for the band, was met with [...]Read more
- Posted by TMR TMR on December 11, 2020 / Posted in Trade MarksIn 2007, Australian fashion retailing company, Factor X, registered the trade mark ‘Black Friday’ for their ‘gothic’ clothing line, granting them ownership under two classes covering sale of clothing and other fashion accessories.In 2007, Australian fashion retailing company, Factor X, registered the trade mark ‘Black Friday’ for their ‘gothic’ clothing line, granting them ownership under two classes covering sale of clothing and other fashion accessories. Since their registration, the term ‘Black Friday’ has become associated with retail sales at the end of November. This association means that in some countries, such as Germany, the term is considered public domain and the trade [...]Read more
- Posted by TMR TMR on December 04, 2020 / Posted in Trade MarksSinger Katheryn Hudson is facing trade mark infringement claims by Australian fashion designer for selling clothing bearing her famous stage name, Katy Perry.Singer Katheryn Hudson is facing trade mark infringement claims by Australian fashion designer for selling clothing bearing her famous stage name, Katy Perry. The designer in question, Katie Jane Taylor, trade marked her maiden name Katie Perry in Australia in 2008 and first sought proceedings against Katy and merchandise company, Killer Queen LLC, in October 2019. The specific items Katie’s barrister, Richard Cobden, claimed were in scope of the breach included products such as [...]Read more
- Posted by TMR TMR on December 04, 2020 / Posted in Trade MarksIt has been revealed by a US district court judge that almost two years after the release of interactive episode, Black Mirror: Bandersnatch, released 28th December 2018, Netflix has reached an undisclosed settlement with plaintiff Chooseco LLC.It has been revealed by a US district court judge that almost two years after the release of interactive episode, Black Mirror: Bandersnatch, released 28 th December 2018, Netflix has reached an undisclosed settlement with plaintiff Chooseco LLC. Chooseco are the current owners of the trade mark ‘Choose Your Own Adventure’, having sold 265 million books branded under the name since it began using it in the 1980s. Subsequently, 20 th Century Fox have an exclusive options contract [...]Read more
- Posted by TMR TMR on December 04, 2020 / Posted in Trade MarksPsychics Claire Stone and Alexandra Wenman are due to appear in the High Court following a dispute to the rights to teach ‘Archangel Alchemy’ courses.Psychics Claire Stone and Alexandra Wenman are due to appear in the High Court following a dispute to the rights to teach ‘Archangel Alchemy’ courses. Stone, of Merseyside, boasts a career as ‘psychic to the stars’, having appeared on television providing readings to celebrities including reality TV star Dani Dyer, as well as lending her skills to writing best-selling spiritual book ‘The Female Archangels’. In July, she began teaching online [...]Read more
- Posted by TMR TMR on November 27, 2020 / Posted in Trade MarksAs the COVID-19 pandemic has changed so many aspects of everyday life that many of us could never have imagined a year ago, some individuals and brands are seeking to cash in on the crisisAs the COVID-19 pandemic has changed so many aspects of everyday life that many of us could never have imagined a year ago, some individuals and brands are seeking to cash in on the crisis by means of the most popular fashion accessory of 2020: the face mask. Since the lockdown restrictions began easing in July of this year, face masks have become mandatory in the UK in many indoor public spaces and on public transport. Initially intended solely as a preventative measure in attempt to reduce [...]Read more
- Posted by TMR TMR on November 24, 2020 / Posted in Trade MarksThe European Union Intellectual Property Office (EUIPO) has ruled in favour of a Swiss watchmaking firm after a three-year trade mark battle for the name ‘Hamilton’ with Formula One champion Lewis Hamilton.The European Union Intellectual Property Office (EUIPO) has ruled in favour of a Swiss watchmaking firm after a three-year trade mark battle for the name ‘Hamilton’ with Formula One champion Lewis Hamilton. Part of the Swiss Swatch group since 2007, Hamilton International filed to trade mark ‘Hamilton’ in the European Union, hence granting them exclusive use of the name brand on accessories, including watches, across Europe. Hamilton International, prior to being bought [...]Read more
- Posted by Anna Orchard on November 18, 2020 / Posted in Trade MarksThere are also a number of non-essential requirements for filing a trade mark application that need to be considered.As explored in Part 1 of this 2 Part article we looked at the essential requirements for filing a trade mark. There are also a number of non-essential requirements for filing a trade mark application that need to be considered. 1- Use or bona fide intention to use As noted in section 32(3)- every application needs to be filed in good faith and the registered owner has a bona fide intention to use the Mark within the relevant goods and services. To file against this [...]Read more
- Posted by TMR TMR on November 09, 2020 / Posted in NewsAs the end of the Brexit transition period edges ever closer, new guidance has just been released by the IPO, in relation to intellectual property rights post 31 December 2020.As the end of the Brexit transition period edges ever closer, new guidance has just been released by the IPO, in relation to intellectual property rights post 31 December 2020. The document ensures to protect EU intellectual property rights, in the UK, after Brexit. It sets out detailed information regarding all types of intellectual property which will operate differently from 1 st January 2021. In regard to trade marks, the document reads that comparable UK trade mark rights for all [...]Read more