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Intellectual Property Protection United Kingdom Trademark Litigation

Morgan Lewis

UK Supreme Court Confirms Post-Sale Context Is a Basis for Trademark Infringement

Morgan Lewis on

The UK Supreme Court recently handed down judgement in the case of Iconix Luxembourg Holdings SARL v. Dream Pairs Europe Inc. The decision has provided important clarity on the question of whether post-sale confusion is...more

Jones Day

UK Supreme Court Holds Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

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The Court ruled that the post-sale context can be relevant when establishing similarity between trade marks....more

K&L Gates LLP

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 2: Combatting Dupes and Copycats...

K&L Gates LLP on

Everybody knows that trade marks are necessary to protect a brand’s logo and name, and a lot of people know that registered designs are a powerful tool in stopping counterfeit goods, but did you know these rights can also be...more

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more

K&L Gates LLP

When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement...

K&L Gates LLP on

On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of...more

Jones Day

SkyKick v Sky: UK Supreme Court Confronts Bad Faith in Trade Mark Applications

Jones Day on

The UK Supreme Court has issued a landmark judgment dealing with specific bad faith considerations for trade marks....more

K&L Gates LLP

SkyKick v Sky: A Debrief of the Latest Developments

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The UK Supreme Court recently handed down its judgment in the long-running SkyKick v Sky trade mark battle. The court considered the key issue of ‘bad faith’ applied to the over-claiming practice and its implications for...more

A&O Shearman

Crowd control caution: how a crowded market may affect your trade mark protection

A&O Shearman on

The Court of Appeal has confirmed that the existence of a “crowded market” and any coexistence terms entered into by parties may be relevant factors in assessing likelihood of confusion. While the Lifestyle Equities v Royal...more

Hogan Lovells

UK Court of Appeal finds Tesco infringes Lidl’s trade mark but not copyright

Hogan Lovells on

The Court of Appeal has upheld findings that Tesco infringed Lidl’s trade mark for its LIDL logo, by using a similar logo in its Clubcard Prices promotion. The Court of Appeal also dismissed Tesco’s appeal against a finding...more

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

Jones Day on

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Troutman Pepper Locke

Better User Experience or Trade Mark Infringement? The UK Supreme Court Gives Guidance on Website Targeting

Troutman Pepper Locke on

The Supreme Court of the United Kingdom has recently upheld a decision of the English Court of Appeal concerning the criteria for when a website will be considered to be targeting consumers in the United Kingdom ("UK"). The...more

International Lawyers Network

UK Appeal Court: Beware of the “Side-By-Side” Trade Mark Comparison

Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2024] EWCA Civ 29 (26 January 2024) - When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more

A&O Shearman

Indirect confusion: What is it good for?

A&O Shearman on

While both direct and indirect confusion occur in the real world, the use of this distinction in the legal test of a likelihood of confusion is unnecessary. Further, the requirement to explain a finding of indirect confusion...more

Ladas & Parry LLP

Change in Practice on Address for Service for International Trademarks and Designs Designating the United Kingdom

Ladas & Parry LLP on

Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner...more

Katten Muchin Rosenman LLP

Flagrant Infringement of Unregistered Design Rights of Fashion Brand Penalized by UK High Court - Kattison Avenue/Katten Kattwalk...

Both IP practitioners and fashion brands will be interested in the recent string of judgments in relation to the infringement of dresses designed and sold by House of CB and Mistress Rocks. Oh Polly brand was found to have...more

Hogan Lovells

Sky v SkyKick: Sky gets its kicks as UK Court of Appeal finds broad trade mark specifications are not grounds for invalidity

Hogan Lovells on

The UK Court of Appeal has today given judgment in the long-running trade mark dispute between Sky and SkyKick, in one of the most important and keenly awaited trade mark decisions of the last few years. The Court of Appeal...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 22

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

Dorsey & Whitney LLP

Is Evidence of Confusion Really Necessary to Succeed in a Trademark Infringement Case?

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It is not every day that a massive international TV hit show is found to infringe a trade mark. A decision of the English High Court, approved recently by the Court of Appeal, held that the popular 20th Century Fox teenage...more

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