Passing Off

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Passing Off

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The fight against counterfeit pharmaceutical products intensifies

The World Health Organization has reported that 10% of the medicines offered for sale globally are counterfeits. Among drugs promoted online, 90% are counterfeit medicines and are life-threatening.

Law Firm: Gowling WLG | Published: 17 May 2017 | Practice Area: Health and Safety

Argos v Argos – a virtual race for dominance?

A recent cross-Atlantic dispute between Argos Limited and Argos Systems Inc, considered the extent to which legitimate Google advertising can give rise to a claim of trade mark infringement or passing off.

Law Firm: Womble Bond Dickinson | Published: 08 May 2017 | Practice Area: Litigation

Trade marks registered as a series are (Glee-fully) compatible with EU law, says the Court of Appeal

This briefing looks at an important Court of Appeal victory for UK comedy club chain Comic Enterprises in its long-running dispute with media giant Twentieth Century Fox over the TV show Glee, a decision which is likely to be welcomed by brand owners holding UK trade marks registered as a series.

Law Firm: Gowling WLG | Published: 25 May 2016 | Practice Area: Passing Off

'Wrong way round confusion' - court rules Glee TV show infringes UK club chain's trade mark

In a closely watched case, the Court of Appeal has ruled in favour of Comic Enterprises, the owners of The Glee Club comedy and music chain, confirming that their trade mark was infringed by 20th Century Fox's hit TV show Glee.

Law Firm: Gowling WLG | Published: 09 February 2016 | Practice Area: Advertising and Marketing

Rating: 2 people found this useful

The Pinterest trade mark case: a reminder of when a stay of proceedings should be granted

A recent High Court ruling in a case involving social media site Pinterest offers a useful reminder of the principles involved in deciding whether a stay of proceedings should be granted in respect of English proceedings where there are concurrent actions in the European trade mark registry.

Law Firm: Womble Bond Dickinson | Published: 29 April 2015 | Practice Area: Conflict of laws

The Scrabble v Scramble trade mark dispute: a jumbled decision?

The appeal against the High Court's ruling in the closely watched Scrabble trade mark dispute between Mattel and Zynga was decided recently. In this briefing, Shoosmiths looks at what the decision means for brand owners and sets out the ways in which a trade mark can be infringed.

Law Firm: Shoosmiths | Published: 27 April 2015 | Practice Area: Advertising and Marketing

Rating: 3 people found this useful

Govt responds to proposals for reform of regime governing groundless IP infringement threats

The UK Government has published its response to the Law Commission's 2014 report on reforming the regime governing groundless threats of intellectual property infringement proceedings, and has largely agreed with the proposals. In this briefing, Nabarro sets out the key conclusions.

Law Firm: Nabarro | Published: 05 March 2015 | Practice Area: Life science

Rating: 1 person found this useful

Five simple steps startups can take to protect their intellectual property

Despite the centrality of intellectual property (IP) to a company's value and potential, many companies fail to take basic steps to preserve such important assets. In this article, Latham describes a few steps in five key areas that any company can take to protect, preserve and enhance its IP.

Law Firm: Latham & Watkins | Published: 11 February 2015 | Practice Area: Restraint of Trade

Rating: 2 people found this useful

High fashion in the High Court: Rihanna retains 'passing-off' victory against Topshop

In 2013, Rihanna took legal action against Topshop and its parent company for using an image of her on a T-shirt, and succeeded with her claim of passing-off. The Court of Appeal has now ruled that the High Court judge who decided the case was correct to side with Rihanna, as Shoosmiths reports.

Law Firm: Shoosmiths | Published: 26 January 2015 | Practice Area: Sale and Supply of Goods and Services

Court of Appeal confirms Topshop's Rihanna T-shirt was passing off

The Court of Appeal has delivered its decision in the litigation between popstar Rihanna and Topshop, upholding the trial judge's finding that Topshop's unauthorised use of Rihanna's image on a T-shirt was passing off. In this briefing, Wragge Lawrence Graham & Co reports on the case.

Law Firm: Gowling WLG | Published: 23 January 2015 | Practice Area: Copyright

Rating: 2 people found this useful

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