Region: Ireland

No likelihood of confusion between COZITAN and NOZINAN

The acting controller has dismissed an opposition filed by the owner of the trademark NOZINAN for pharmaceutical preparations against the registration of COZITAN for identical goods. Among other things, the acting controller held that the average person who knew of the Nozinan product would not be caused to recollect that product if he or she were to encounter pharmaceuticals sold under the mark COZITAN.

23 February 2009

Likelihood of confusion between CHEWIES and CHEWITS for certain goods

In <i>Zaklady Przemyslu Cukierniczego Mieszko Spólka Akcyjna v Leaf United Kingdom Limited</i>, the acting controller has upheld an opposition against the registration of the mark CHEWIES for "confectionery and sweets" and "ice creams, honey and treacle". However, he rejected the opposition as regards the other goods on the grounds that there was no real prospect of direct confusion.

21 January 2009

Amendment to notice of opposition allowed in YELLOW PAGES Case

In <i>Yell Ltd v Truvo Belgium Comm.V</i>, the acting controller has allowed Truvo Belgium Comm.V's application to amend its notice of opposition even though the time prescribed in Rule 18 of the Trademark Rules had elapsed and the grounds sought to be introduced were known to Truvo when it filed the opposition.

28 November 2008

Owner of LURPAK fails to prevent registration of DANPAK

In <i>Lidl Stiftung & Co KG v Mejeriforeningen Danish Dairy Board</i>, the acting controller has dismissed an opposition filed by Mejeriforeningen Danish Dairy Board, the owner of the LURPAK marks, against the registration of the trademark DANPAK. Among other things, the acting controller held that the mark DANPAK was not descriptive of goods of Danish origin.

15 October 2008

No Irish welcome for St Patrick whiskey

In <i>Irish Distillers Ltd v Cooley Distillery Plc</i>, the Irish High Court has granted Irish Distillers Ltd, the maker of Jameson Irish whiskey, an injunction preventing Cooley Distillery PLC from using labels on its St Patrick whiskey which were so similar to the Jameson labels as to lead customers to believe that St Patrick whiskey was from the Jameson family of products.

09 October 2008

BOTOX irons out BOTOINA

In <i>Allergan Inc v Ocean Healthcare Ltd</i>, the Irish High Court has held that Ocean Healthcare Ltd's use of the BOTOINA mark for anti-wrinkle products amounted to infringement of Allergan Inc's registered trademark BOTOX. Among other things, the court also held that the overall get-up and marketing of Botoina was likely to cause confusion as to the origin of the goods.

06 October 2008

Silver Pail Dairy fails to assert reputation in TWISTCUP

In <i>Dale Farm Limited v Silver Pail Dairy (Ireland) Limited</i>, the controller has dismissed Silver Pail Dairy (Ireland) Limited's opposition against Dale Farm Limited's application for the registration of the mark TWISTCUP. Among other things, the controller held that Silver Pail's evidence was insufficient to suggest that it enjoyed a reputation in goods bearing the name Twistcup as of the relevant date.

12 September 2008

FOOT ACTION opposition kicked out

In <i>The John David Group Plc v FL Retail Operations Limited</i>, the acting controller has dismissed an opposition filed by FL Retail Operations LLC, the owner of the FOOTACTION mark in various countries, against the registration of the mark FOOT ACTION in Ireland. Among other things, the acting controller held that FL Retail had failed to show that its mark was well known in Ireland as of the relevant date.

11 July 2008

CALGAZ and CALOR held to be confusingly similar

In <i>L'Air Liquide SA v Calor Gas Limited</i>, the acting controller has upheld an opposition against the extension to Ireland of the international registration for the mark CALGAZ for goods in Classes 1 and 6 on the grounds that there was a likelihood of confusion with the earlier registered trademark CALOR for identical goods.

27 June 2008

Austin Nichols unsuccessful in invalidation and opposition actions

In <i>Lodestar Anstalt v Austin Nichols & Co Inc</i>, the acting controller has rejected Austin Nichols & Co Inc's applications for declarations of invalidity of two of Lodestar Anstalt's Irish-registered WILD GEESE trademarks. The controller also dismissed Austin's oppositions against two applications to extend protection to Ireland of two international registrations for WILD GEESE.

10 April 2008

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