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Judgments and decisions from 2001 onwards

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  • Easygroup Ltd v Beauty Perfectionists Ltd High Court (Intellectual Property List) [2021] EWHC 3385 (Ch) Matching text sample:

    ...have the functions of EU trade mark courts under the Regulation.... ...regulation 12 of the Community Trade Mark Courts Regulations 2006 (“the... ...) as amended, the EU trade mark courts in England and Wales... ...2017/1001 provides that EU trade mark courts will have exclusive jurisdiction...

    ...agree that a different EU trade mark court shall have jurisdiction;

    ...appearance before a different EU trade mark court.

    ...non-infringement of an EU trade mark, may also be brought...

  • Société Des Produits Nestlé SA v Cadbury UK Ltd High Court (Chancery Division) [2016] EWHC 50 (Ch) Matching text sample:

    ...graphically represented below (“the Trade Mark”) as a United Kingdom... trade mark in respect of various goods...

    The Trade Mark corresponds to the shape of...

    on the Community trade mark

    ...Trade Marks held that the Trade Mark was devoid of inherent distinctive... ...held that registration of the Trade Mark in relation to those goods... ...on the ground that the Trade Mark consisted exclusively of the shape... ...however, he held that the Trade Mark was inherently distinctive and that...

  • Doncaster Pharmaceuticals Group Ltd.& Ors v The Bolton Pharmaceutical Company 100 Ltd Court of Appeal (Civil Division) [2006] EWCA Civ 661 Matching text sample:

    ...infringements of the claimant’s trade mark in connection with re-packaged...

    ...EU competition law and UK trade mark law. Parallel imports of...

    ...exhaustion of rights and UK trade mark law, as applied to...

    ...leading practitioners’ text book on trade mark law (Kerly 14 ...than specialist expertise in substantive trade mark law.)

  • The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd & Anor High Court (Chancery Division) [2016] EWHC 52 (Ch) Matching text sample:

    of the trade mark

    ...the defendant knew that the trade mark

    Whether the trade mark has a reputation,

    ability to exploit the trade mark

  • Merck KGaA v Merck Sharp & Dohme LLC & Ors High Court (Intellectual Property List) [2024] EWHC 820 (Ch) Matching text sample:

    ...each of the Claimant’s trade mark registrations which are relied upon...

    ...use of the name and trade mark

    ...Kingdom of (a) the trade mark "Merck" and/or (...

    ...the sign MERCK as a trade mark in the course of trade...

  • Fromageries Bel SA v J Sainsbury Plc High Court (Chancery Division) [2019] EWHC 3454 (Ch) Matching text sample:

    ...he found that UK registered trade mark no. 2 060 882... (‘the Trade Mark’) is invalidly registered.... The Trade Mark is owned by the Appellant...

    The Trade Mark

    The Trade Mark is registered in class 29...

    The trade mark is identified to be a...

  • Sportswear Spa & Anor v Stonestyle Ltd Court of Appeal (Civil Division) [2006] EWCA Civ 380 Matching text sample:

    ...the Respondents seek to enforce trade mark rights in respect of garments...

    ...not entitled to enforce their trade mark rights. The claims are...

    The Stone Island trade mark features in a number of...

    Ordinarily, under English trade mark law, it would be... ...the proprietor of a registered trade mark for relevant goods to be... ...EEC) provides that a registered trade mark is not infringed by the... use of the trade mark in relation to goods which... ...in the EEA under that trade mark by the proprietor or with...

  • Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd Court of Appeal (Civil Division) [2017] EWCA Civ 335 Matching text sample:

    ...concerns the validity of EU trade mark 3890126 (“the Trade Mark”) and, specifically, whether... ...207/2009 on the EU trade mark (the “EUTMR”).

    The Trade Mark is registered in respect of...

    ...used in relation to a trade mark registration it denotes that the...

    ...following pictorial representation of the Trade Mark:

  • The Prudential Assurance Company Ltd. v The Prudential Insurance Company of America Court of Appeal (Civil Division) [2003] EWCA Civ 327 Matching text sample:

    ...by Mr Justice Laddie in trade mark proceedings brought by The Prudential...

    ...“PRUMERICA” in Europe constitutes trade mark infringement.

    ...trade marks under the Community Trade Mark Regulation (Council Regulation 40/... ...PRUMERICA” in a number of trade mark registries in Europe against the...

    ...40/94 on the Community Trade Mark and by means of estoppel...

  • Société des Produits Nestlé SA v Cadbury UK Ltd High Court (Chancery Division) [2014] EWHC 16 (Ch) Matching text sample:

    ...by registering it as a trade mark? That is the question... ...clear that in principle European trade mark law permits the shape of... ...to be registered as a trade mark. Surprisingly, however, certain...

    ...graphically represented below (“the Trade Mark”) as a United Kingdom... trade mark:

    ...can be seen that the Trade Mark differs from the shape of...

    ...the basis that, although the Trade Mark was devoid of inherent distinctive... ...applicant had shown that the Trade Mark had acquired a distinctive character...