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Judgments and decisions from 2001 onwards

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  • Lifestyle Equities CV & Anor v Amazon UK Services Ld & Ors High Court (Chancery Division) [2021] EWHC 118 (Ch) Matching text sample:

    Core principles of trade mark infringement

    ...is the trial of a trade mark dispute between the owners of... ...Defendant companies have infringed their trade mark rights by allowing BHPC branded...

    ...not a normal case of trade mark infringement as there are no...

    ...in the ownership of the trade mark rights between the US and... ..., thereby infringing the Claimants’ trade mark rights. The Claimants say...

  • Argos Ltd v Argos Systems Inc High Court (Chancery Division) [2017] EWHC 231 (Ch) Matching text sample:

    ...on the functions of the trade mark

    AUL’s claims for trade mark infringement are brought under Articles... ...c) of the applicable Community Trade Mark Regulation (Council Regulation (EC... ...207/2009 on the Community trade mark) (“the Regulation”),...

    ...“Rights conferred by a Community trade mark

    A Community trade mark shall confer on the proprietor...

  • Match Group, LLC & Ors. v Muzmatch Limited & Anor. Court of Appeal (Civil Division) [2023] EWCA Civ 454 Matching text sample:

    This is a trade mark dispute about the use of... ...proprietors of two European Union trade mark registrations for MATCH.COM and... a UK trade mark registration for “match” in...

    ...Defendants had infringed an EU trade mark registration for the word TINDER... and a UK trade mark registration for a slightly stylised...

    EU Trade Mark No. 182253 MATCH.COM...

    EU Trade Mark No. 16246639 MATCH.COM...

  • Industrial Cleaning Equipment (Southampton) Limited v Intelligent Cleaning Equipment Holdings Co, Ltd & Ors High Court (Intellectual Property Enterprise Court) [2023] EWHC 411 (IPEC) Matching text sample:

    ...liability-only trial of a trade mark infringement and passing off dispute...

    ...TMA (use of another registered trade mark and/or later registered trade mark);

    ...C’s ICE Co-Botics Trade Mark in bad faith.

    Trade Mark Infringement

  • Arsenal Football Club Plc v Reed Court of Appeal (Civil Division) [2003] EWCA Civ 696 Matching text sample:

    ...issue of construction of the Trade Mark Directive (89/104/EEC)...

    Where a trade mark is validly registered and ...a sign identical with that trade mark in relation to goods which... ...with those for which the trade mark is registered; and

    ...between the goods and the trade mark proprietor)?

    ...loyalty or affiliation to the trade mark proprietor a sufficient connection?”

  • Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc Court of Appeal (Civil Division) [2009] EWCA Civ 1022 Matching text sample:

    As a matter of EU trade mark law, the tactic, clever...

    ...has sold beer under the trade mark “Budweiser” since about 1875... ...has sold beer under a trade mark consisting of or including “...

    ...register “Bud” as a trade mark. It is common ground...

    ...the courts and all the trade mark registries of all the countries...

  • Boehringer Ingelheim Kg & Anor v Swingward Ltd. Court of Appeal (Civil Division) [2004] EWCA Civ 129 Matching text sample:

    ...he held that all the trade mark actions about reboxing succeeded but...

    ...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...

    ...boxes not only bear the trade mark of the drug, but...

  • Special Effects Ltd v L'Oreal SA & Anor Court of Appeal (Civil Division) [2007] EWCA Civ 1 Matching text sample:

    ...the proprietor of a registered trade mark SPECIAL EFFECTS in respect of... ...in the UK infringes its trade mark. The Defendants deny infringement,... ...of invalidity of the registered trade mark, and for passing off.... ...the registration of a Community trade mark SPECIAL FX in respect of...

    ...the validity of its UK trade mark, because the First Defendant...

    ...permission, and the Institute of Trade Mark Attorneys also made a written...

    ...behalf of the First Defendant, trade mark agents gave notice of opposition...

  • Burgerista Operations GmbH v Burgista Bros Ltd & Ors High Court (Intellectual Property Enterprise Court) [2018] EWHC 35 (IPEC) Matching text sample:

    ...is the proprietor of EU Trade Mark No. 013318209 for the... word BURGERISTA (“the Trade Mark”) registered as of 1...

    ...action alleging infringement of the Trade Mark.

    ...liable for infringement of the Trade Mark, Mr Khetriyan is liable...

    ...for a declaration that the Trade Mark is invalid pursuant to arts...

  • Horsham Nutraceuticals Ltd & Anor v Manna Pro Products LLC High Court (Chancery Division) [2019] EWHC 1935 (Ch) Matching text sample:

    ...marketing. They registered a UK trade mark with the CORTAFLEX name in...

    ...Article 21 of the EU Trade Mark Regulation (EU) 2017/1001... ...and used a non-registered trade mark of more than mere local...

    ...to the functions of EU trade mark courts, the High Court... .... Under Article 124, EU trade mark courts have exclusive jurisdiction over... ...of invalidity of the EU trade mark pursuant to Article 128”....

    ...127(1) provides that EU trade mark courts must treat an EUTM...