Region: Ireland

JAGUAR for watches allowed despite Jaguar Cars' opposition

The High Court of Ireland has refused an appeal brought by Jaguar Cars against a decision of the controller of patents, designs and trademarks to dismiss its opposition to the registration by Manufacture des Montres Jaguar SA of the mark JAGUAR in Class 14 of the Nice Classification.

18 April 2006

Sky wins damages for infringing TV use in hotels

Judge Peter Kelly in the High Court has awarded Sky €128,408 in damages for copyright and trademark infringements, after the Clarion and Merrion hotels in Dublin unwittingly used a supply of Sky television channels that had not been authorized by Sky. Sky found out about the infringement after it appointed a piracy specialist based in Dublin.

29 March 2006

Lack of evidence blocks government agency's domain name claim

In <i>Department of Arts, Sport and Tourism v Odyssey Internet Portal Limited</i>, a WIPO panel has refused to order the transfer of the domain name 'cultureireland.ie' to the complainant - a department of the Irish government. The panel held that the complainant had failed to establish the existence of an unregistered trademark right under the provisions of the '.IE' Dispute Resolution Policy.

23 January 2006

Newspaper launch halted by rival METRO mark owners

In a judgment that should be welcomed by registered trademark owners, the High Court in Ireland has granted an interlocutory injunction to Metro International SA, Tidnings AB Metro and Fortunegreen Limited to restrain Independent News and Media plc from using the word 'metro' in the masthead of a proposed free daily newspaper.

17 November 2005

Department of Finance publishes IP rights guide

The Department of Finance has published the European Communities (Customs Action against goods suspected of infringing certain Intellectual Property Rights) Regulations 2004 (SI 181/2005). These implement Council Regulation 1383/2003 and Commission Regulation 189/2004 and are designed to deal more effectively with the prohibition of the marketing of counterfeit and pirated goods.

17 June 2005

Amending design regulations now in force

New regulations entitled the Industrial Designs (Amendment) Regulations 2004 came into force on November 1 2004. They amend the existing regulations regarding industrial designs and, among other things, remove the requirement for a statement of novelty and individual character in applications for the registration of a design.

23 November 2004

Stamp duty on IP abolished in Ireland

The implementation of the Irish Finance Act 2004 has, among other things, abolished stamp duty on the sale, transfer or other disposition of intellectual property in Ireland. This change will simplify the procedures required for recording assignments of trademarks in Ireland because the Irish Patents Office will now be able to register assignments without requiring evidence of stamping or exemption.

02 June 2004

New Commercial Court to handle IP matters unveiled

A new commercial division of the High Court of Ireland was inaugurated last month. The new Commercial Court will have jurisdiction for all commercial cases having a value of over €1m as well as all trademark, passing off, design and patent cases. It is hoped that the court will provide a more efficient method of enforcing trademark rights in Ireland.

19 February 2004

Ireland launches its domain name dispute resolution policy

The Irish Domain Name Registry has introduced its long-awaited dispute resolution policy. Under the rules of procedures applying to the '.ie' country-code top-level domain, an independent World Intellectual Property Organization panel will order the transfer of a disputed domain name if the complainant can prove that it has rights to the name and the registrant does not.

23 September 2003

High Court recommends registration of pet food slogans

The High Court has overturned a decision to refuse registration of the slogans 'top breeders recommend it' and 'developed with vets' as trademarks for pet food. The court examined the Community Trademark Directive and case law from the ECJ, concluding that the slogans are inherently registrable, and in any event have acquired a distinctive character through use.

15 September 2003

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