We are used to decisions about non-traditional trade marks not deserving protection in the European Union, leading to the inevitable conclusion that non-traditional trade marks can be difficult to register and keep on the register.
The recent McCain decision of the EU General Court seems to go in the opposite direction, providing some guidance on which proof of use will be sufficient for a non-traditional trade mark to stay on the EU register (see here).backgroundMcCain GmbH applied to register the below smiley potato chip shape (known as the Smiles) for “pre-fried potato croquettes and mashed potato products, deep-frozen” in…
In 2021, artist Mason Rothschild launched metabirkins.com and announced that he would be selling non-fungible tokens (“NFTs”) called MetaBirkins. The MetaBirkins offering consisted of 100 NFTs depicted as fury purses that resembled the well-known Birkin bag. Hermѐs, owner of the BIRKIN trademark as well as the BIRKIN trade dress, took issue with Rothschild’s MetaBirkins NFTs and sent a cease and desist letter. Despite Hermѐ’s demands, Rothschild refused to discontinue the sale of the MetaBirkins NFTs.Photos from Complaint filed by Hermѐs International in Hermès International, et al. v. Mason Rothschild (1:22-cv-00384)
On January 14, 2021, Hermѐs filed suit against the…
Jackman J has dismissed The Agency Group’s claims of trade mark infringement and misleading or deceptive conduct / passing off against The North Agency. In doing so, his Honor was directly confronted with the problem arising from the High Court’s reasons in Self Care v Allergan.
Some facts
The Agency Group is a real estate agency that operates nationwide including, amongst other places, on the Northern Beaches of Sydney. It services the Northern Beaches from offices in Manly and Neutral Bay.
In the 12 months or so up to 31 March 2023, between them the two offices sold more than…
In a recent decision, the High Court of England and Wales has found that Tesco’s use of the yellow and blue Tesco Clubcard logos (reproduced below) infringed Lidl’s trade marks (see the relevant Lidl marks below) and also gave rise to copyright infringement and passing off.The supermarket chains have been in a battle over the use of their respective signs with a square blue background and yellow circle. For further information on the background to the dispute you can read our previous article here (Lidl Great Britain Limited v Tesco Stores Limited [2022] EWHC 1434 (Ch)).(the “Lidl Marks”)…
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/tronc/MOXUIJQSSFHJHE25C6SIY4D6QE.JPG "Before Donald Trump there was Spiro Agnew’s plea")
The news has been full of concerns about the fate of our republic following the indictment of former President Donald Trump. There have been questions about the politicization of criminal laws and the credibility of the judiciary, the polarization of the electorate and threats of violent domestic reaction.
But these concerns pale in comparison to the threat to the democratic system posed 50 years ago this summer, when it became shockingly clear that the country was being run by a president, Richard Nixon, and a vice president, Spiro Agnew, who were both simultaneously under criminal investigation for wholly unrelated conduct.…
The Buncombe County Detention Facility December 2, 2021.AHEVILLE – The NC State Bureau of Investigation has confirmed it is investigating the officer-involved shooting May 7 near the downtown jail, but the Buncombe County Sheriff’s Office will not say whether the deputy who shot a man, sent him to the hospital, is still on duty or if security upgrades to the jail and magistrate’s office are being considered.
Anjanette Grube, SBI spokesperson, confirmed to the Citizen Times May 10 that the agency is investigating the early morning May 7 shooting, after receiving a request to investigate that same day. Aaron…
NEW YORK, April 29, 2023 /PRNewswire/ —WHY: Rosen Law Firm, a global investor rights law firm, continues its investigation of potential securities claims on behalf of shareholders of Fox Corporation (NASDAQ: FOX, FOXA) resulting from allegations that FOX may have issued materially misleading business information to the investing public. The prospective class includes those who purchased FOX call options and/or sold put options.
SO WHAT: If you purchased FOX securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class…
