Region: Ireland

Unregistered Community design rights in clothes held to be valid

The High Court has held that garments sold by Dunnes Stores infringed Karen Millen Limited's unregistered Community designs for three items of clothing under the Council Regulation on Community Designs. As Dunnes did not deny that its garments copied Karen Millen's designs, the case turned on whether Karen Millen had the right to an unregistered Community design for each or any of the designs in question.

06 March 2008

Patents Office clarifies honest concurrent use provisions

In <i>Diageo Brands BV v Henry J Archer & Sons Limited</i>, the acting controller has held that where the owner of an earlier trademark raises an objection in opposition proceedings, the controller is obliged to refuse registration of a mark that was initially accepted based on a claim of honest concurrent use with the earlier trademark.

30 January 2008

Misleading and comparative advertising regulations implemented

The European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 have come into force. The regulations proscribe a range of categories of misleading or deceptive conduct in trade. They extend the Irish unfair competition regime and will in many circumstances offer an additional cause of action in cases involving passing off or trademark infringement.

25 January 2008

No confusion between CUISINE EXPRESS and CUISINE DE FRANCE

The acting controller has dismissed an opposition filed by Cuisine de France Limited against the registration of the mark CUISINE EXPRESS based on the earlier registered trademark CUISINE DE FRANCE. Among other things, the acting controller held that the fact that both marks commence with the word 'cuisine' is counterbalanced by the clear visual differences between 'de France' and 'express'.

22 January 2008

MYCOSTEN held to be confusingly similar to MYCOSTATIN

<i>In Pierre Fabre Dermatologie v ER Squibb & Sons LLC</i>, the acting controller has upheld the opposition filed by ER Squibb & Sons LLC against Pierre Fabre Dermatologie's application to register the trademark MYCOSTEN on the grounds that there was a likelihood of confusion with Squibb's earlier registered trademark MYCOSTATIN.

05 December 2007

Legislation on eligibility of trademark agents amended

Certain provisions of the Irish Trademarks Act 1996 and the Trademarks Rules 1996 on the eligibility of persons established and qualified in other EU member states to act as trademark agents have been amended to allow such persons to act for another party in relation to trademark matters before the controller of patents, designs and trademarks in Ireland.

30 November 2007

Procedural fairness overrides efficiency concerns in oppositions

In <i>Bus Eireann/Irish Bus v The Controller of Patents, Designs and Trademarks,</i> the High Court has set aside the controller's decision and granted Bus Eireann leave to file a response to additional evidence brought by an opponent to Bus Eireann's application to register a trademark. Applying Rule 23 of the Trademark Rules, the court held that a fair adjudication of the case took precedence over the procedural efficiency of the Patent Office.

03 October 2007

1-0 to ZERO against Pirelli's P ZERO

The Irish Patents Office has upheld the opposition filed by the holder of the Community trademark ZERO against the registration of the mark P ZERO. Citing the <i>SABEL Case</i>, the acting controller ruled, among other things, that the overall impression given by both marks is the same and that the marks apply to similar goods.

28 September 2007

EASYMOVE has an easy ride

In <i>Jarrett v easyGroup IP Licensing Limited</i>, the acting controller has dismissed easyGroup's opposition and allowed a series of trademarks consisting of the words 'easymoves' and 'easymove' to proceed to registration. The acting controller found that there was no likelihood of confusion with easyGroup's 'easy' prefixed trademarks.

26 September 2007

Application for UFIX marks collapses

The acting controller at the Irish Patents Office has upheld an opposition against the registration of a UFIX word mark and a UFIX device mark for goods in Classes 1, 6, 7, 8, 17 and 20 of the Nice Classification. The acting controller held that the mark was likely to cause confusion with the opponent's UNI-FIX mark used for similar types of products.

11 September 2007

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