Category Archives: trademark opposition

Trademark protection of pantone 2685c not wrapped up by Cadbury

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Securing trademark protection for colours is notoriously difficult, as demonstrated by the recent Court of Appeal ruling in the litigation between Cadbury and Nestlé, concerning the trademark registration of pantone 2685c. Nestlé v. Cadbury In 1914, as a tribute to Queen Victoria, whose favourite colour was purple, Cadbury started to use the shade of purple known as [...]

UGG Trademark Disputes

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Trademarks are territorial, which means you register them country by country wherever you do business. Although this is can be expensive, and it may be tempting when starting out, to think it’s easy enough, in theory, to trade in other countries under a different brand, UGG is an example of what can happen when a trademark is not [...]

Hasbro Trade Mark Infringement Claim Stops Launch

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Alleged infringement of the TRANSFORMERS trade mark recently sparked a dispute between the leading computer technology company Asus and Hasbro, a multinational games business. Hasbro is the maker of a line of toy alien robots named Transformers, able to disguise themselves as automobiles. The Transformers universe features two warring factions of these robots: the Autobots [...]

Twitter goes for TWEET!

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We have written previously on this topic about Twitter’s bid to protect its trade mark and brand.  As Twitter co-founder Biz Stone said in a blog post in 2009, “We have applied to trademark TWEET because it is clearly attached to Twitter from a brand perspective but we have no intention of “going after” the [...]

An Innocent Breach of Trademark

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Innocent Drinks, the UK market leader in smoothie products, has recently taken issue with a trademark application made by Dawn Reid and her Sussex based company Innocent Vitamins. The latter applied, in February 2011, to register the mark “innocent vitamins all goodness. no badness” for her food supplement products, a move which Innocent Drinks views [...]

Fashion Industry. FIORUCCI. USE of own name

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Nowadays the global fashion industry is a crucial sector of the economy with British fashion contributing almost £21bn to the UK economy. Despite the fact that intellectual property is not generally enforced as it is within the film and music industries, trademarks have a significant role in the fashion industry. Trademarks designate the origin of [...]

Lindt’s chocolate rabbit registrable as a trade mark?

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The chocolate maker Lindt & Sprüngli AG (“Lindt”) has distributed chocolate Easter rabbits wrapped in gold foil and wearing a red ribbon around their necks and a small bell for many years. In order to protect the shape of this rabbit the Swiss manufacturer of premium chocolate filed for 4 applications to register three-dimensional signs [...]

Microsoft and Apple in ‘app store’ Trademark Registration Dispute

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Microsoft is contesting Apple’s attempt to trademark the name ‘App Store’, claiming that the name is too generic. In 2008 Apple applied to trademark this name for its iPhone, iPad and Mac download services. However, Microsoft has asked the US Patent and Trademark Office to reject this trademark, as the term is one that can [...]

Sony Ericsson and Clearwire

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Sony Ericsson has moved to sue Clearwire over their green swirly logo, claiming that it is noticeably similar to their own logo. They have filed for a federal trademark lawsuit in Virginia.  Clearwire, a wireless Internet service provider, plans to launch new handsets later this year and intends to put their new logo on each [...]

Trade mark opposition by London Underground

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Trademarks are registered against classifications, meaning they permit you to use the brand for certain pre defined activities. You set the business categories you wish to use for your trade mark in your application. This means the scope of your rights in the name or logo is limited. There are 45 classes of goods and [...]