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Judgments and decisions from 2001 onwards

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  • Leofelis SA & Anor v Lonsdale Sports Ltd & Ors Court of Appeal (Civil Division) [2009] EWCA Civ 457 Matching text sample:

    (2) THE TRADE MARK LICENSING CO LTD
  • Jadebay Ltd & Ors v Clarke-Coles Ltd (t/a Feel Good UK) High Court (Intellectual Property Enterprise Court) [2017] EWHC 1400 (IPEC) Matching text sample:

    This is a trade mark infringement and passing off claim...

    ...registered proprietor of United Kingdom trade mark number 2653159 for the device...

    (the “Trade Mark”). Before the device... ...DESIGN ELEMENTS as an unregistered trade mark (the “

    ...under the Sign and the Trade Mark pursuant to an oral licence... ...licences of the Sign or Trade Mark.
  • L'Oreal SA & Ors v Bellure NV & Ors Court of Appeal (Civil Division) [2007] EWCA Civ 968 Matching text sample:

    ...But what actually matters for trade mark infringement are the registered marks...

    No. the corresponding word trade mark of the fine fragrance which...

    ...Formally the parties’ position on trade mark infringement stand thus:

    Trade mark
  • British American Tobacco UK Ltd & Ors, R (on the application of) v The Secretary of State for Health Court of Appeal (Civil Division) [2016] EWCA Civ 1182 Matching text sample:

    ...February 2009 on the Community trade mark (“the CTMR”):...

    ...nature of the Tobacco Appellants’ trade mark rights, the extent to...

    ...to the registration of a trade mark under the

    ...of invalidity of a registered trade mark under

  • Mermeren Kombinat AD v Fox Marble Holdings Plc High Court (Intellectual Property Enterprise Court) [2017] EWHC 1408 (IPEC) Matching text sample:

    EUROPEAN UNION TRADE MARK COURT

    ...is the proprietor of EU Trade Mark No. 012057915 (“the Trade Mark”), which takes the...

    ...Fox for infringement of the Trade Mark. Fox has admitted using... ...a sign identical to the Trade Mark for goods identical to those... ...in respect of which the Trade Mark is registered. A defence... ...Regulation”), namely that the Trade Mark indicated the geographical origin of... ..., however, was that the Trade Mark was invalidly registered and/or...

    ...counterclaim alleging invalidity of the Trade Mark relied on art.7(1... ...of the allegation that the Trade Mark should be revoked Fox relied... ...pleaded an allegation that the Trade Mark was registered in bad faith...
  • Maier & Anor v Asos Plc & Anor Court of Appeal (Civil Division) [2015] EWCA Civ 220 Matching text sample:

    COMMUNITY TRADE MARK COURT

    ...4 February 2014 concerning Community trade mark number 4580767 (“the CTM... ...“Assos”) and United Kingdom trade mark number 2530115 (“the UK... trade mark”) for the word ASOS...

    ...it applied for an international trade mark under the Madrid system for...

    ...mark ASOS as a Community trade mark in respect of, inter... ...December 1993 on the Community trade mark, as, in due course...
  • Flynn Pharma Ltd v Drugsrus Ltd & Anor Court of Appeal (Civil Division) [2017] EWCA Civ 226 Matching text sample:

    ...concerned with the interaction of trade mark rights and the EU rules... ...appellants would infringe UK registered trade mark number UK 2630656 and Community... registered trade mark number EU 11097383, each...

    ...yet registered it as a trade mark.

    ...word “Flynn” as a trade mark, which, as I have... ...one is a Community registered trade mark. Flynn launched Phenytoin Sodium...

    ...the exercise of Flynn’s trade mark rights against parallel imports rebranded... ...by use of Flynn’s trade mark rights constituted a disguised restriction... ...that their use of the trade mark Flynn was either not trade mark use at all, or... ...that in order for a trade mark owner’s claim to be...
  • Boehringer Ingelheim Kg & Anor v Swingward Ltd Court of Appeal (Civil Division) [2008] EWCA Civ 83 Matching text sample:

    ...was given principally for the trade mark owners. The defendants appealed....

    ...sorry state of affairs. European trade mark law seems to have arrived... ...of a mark as a trade mark for the defendant’s goods...

    ...are entitled, so far as trade mark law is concerned, to...

    ...involves re-affixing the original trade mark on the information leaflets and... ...the box – not its trade mark. This was called “de... ...such a case the original trade mark is not removed from every... ...The only affixing of the trade mark by the parallel importers is...
  • L'Oreal SA & Ors v EBay International AG & Ors High Court (Chancery Division) [2009] EWHC 1094 (Ch) Matching text sample:

    Use in relation to the trade mark proprietor’s goods

    Are eBay Europe liable for trade mark infringements committed by their users... ...the key aspects of European trade mark law have been harmonised by... ...that one aspect of European trade mark law has not been harmonised...

    ...of L’Oréal’s Chief Trade Mark Counsel José Monteiro. He...

    ...are not themselves liable for trade mark infringement.

  • COMBE INTERNATIONAL LLC v DR AUGUST WOLFF GMBH & CO KG ARZNEIMITTEL Court of Appeal (Civil Division) [2022] EWCA Civ 1562 Matching text sample:

    ...licensee of three United Kingdom trade mark registrations for the word VAGISIL...

    ...”) of a European Union trade mark (“the Wolff EUTM”)...

    UK Registered Trade Mark No. 1046858 VAGISIL registered...

    UK Registered Trade Mark No. 1235127 VAGISIL registered...