Category Archives: trademark registration

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 [...]

Product Creation and Brand Protection: The Pitfalls of Duffins

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Spurred on by the popularity of cookery programmes such as The Great British Bakeoff, bakers have reportedly been expanding their product lines to include hybrid bakery products such as ‘duffins’ (doughnut fried muffins), ‘cronuts’, (donut fried croissants) and ‘townies’ (a combination of tart and brownie).  This flurry in product creation has turned out to be [...]

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 [...]

GOOGLE PLUS – Brand Naming Strategy

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Google’s launch of its social networking site, Google Plus, has caused a lot of attention and speculation in the media.  However, it is not just the site itself that has provoked discussion, but its name too. Google’s decision to create its social media site under the Google brand has been criticized and praised in equal [...]

ELIO FIORUCCI – Owning own name?

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In our earlier blog piece Fashion Industry. Fiorucci. Use of own name we wrote about Mr Fiorucci, a fashion designer who had achieved certain renown in Italy during the 1970s.  This is an update on the progress of that case, which has made its way from OHIM, through the Board of Appeal, to the General [...]

Trade names or business names as trademarks

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Quinn & Donnelly is one of Ireland’s well-known and most successful fashion design partnerships which was founded more than 30 years ago when the pair were fashion students. Their collections, which are generally affordable, and primarily aimed at working women, have been sold for more than 15 years by retailers including Brown Thomas and House of Fraser. Recently, they [...]

Trademark Infringement and Apple – a familiar story?

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It’s been widely reported that Apple is being sued by iCloud Communications, an Arizona based company, following its announcement about the launch Apple iCloud Services. iCloud Communications’ lawsuit states that Apple is infringing its trademarked name iCloud. Apple has been involved in numerous lawsuits to do with copyright and trademark infringement within the last few [...]

Is Trade Mark Registration Necessary? – Part 2

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In our blog post last week  Is a Trademark necessary for your business? we mentioned how some people are confused about trademarks. We explored the relevance of trademarks for SMEs, the potential danger of a DIY approach and when a trademark may not be capable of registration. This week, among other things, we look at [...]

Is a Trademark necessary for your business?

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Effectively protecting your intellectual property rights (“IPRs”) is one of the most vital decisions a start-up business can make.  Unfortunately however, taking the appropriate steps to legally protect the brand and goodwill of a business is all too often the last thing on the mind of eager entrepreneurs.  Even experienced business persons are prone to [...]

Country Names and Trade Marks

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Is it possible to register a country name as a trade mark? For example, would you be able to register a country name  like JAMAICA as a trade mark? Does it make any difference which goods or services you provide? What if you wanted to register JAMAICA for jerk chicken spicy sauce or rum beverages? [...]