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23 March 2010

UK brands plot world domination, impeded by red tape

UK business leaders and government wince when they hear that only four of the top 100 global brands are from the United Kingdom. The poor standing is starker still when viewed alongside the United Kingdom's rivals France (8) and Germany (11). But efforts are now afoot to improve this embarrassing situation, according to a new report into how the United Kingdom can improve its IP regime to create a warmer environment for domestic brands.

09 September 2009

France Telecom/Deutsche Telekom co-branding strategy revealed

Details describing the "coexistence" of the two UK mobile phone brands to be merged in a proposed joint venture between France Telecom and Deutsche Telekom have surfaced. There is no indication of what the merger will mean for the trademark teams or practices at the respective companies, Orange UK and T-Mobile UK.

09 December 2008

London’s police force announces trademark licensing plans

London's Metropolitan Police Service has issued the first licence for its NEW SCOTLAND YARD mark for use on a variety of branded merchandise.

01 August 2008

Boxing clever: Lonsdale in split decision

In Leofelis SA v Lonsdale Sports Ltd, a case involving the complex licensing arrangements relating to the LONSDALE marks, the Court of Appeal for England and Wales has partly allowed the defendants' appeal of the trial judge's decision. Among other things, the court held that the defendants had not made misrepresentations during certain licensing negotiations.

05 April 2007

LONSDALE mark licensor hit by licensee's damages claim

In Leofelis SA v Lonsdale Sports Ltd, the High Court of England and Wales has upheld the plaintiff licensee's claim for damages against the licensor of the LONSDALE mark. The court held, among other things, that when granting the plaintiff a licence to use the mark, the licensor had failed to disclose that it had already conferred rights in the mark to a third party.

15 September 2006

Microsoft licensing not anti-competitive, rules UK court

A High Court judge has granted Microsoft's request for summary judgment in a case of copyright and trademark infringement. The case demonstrates that although Microsoft is currently in bad odour with the European Commission for its anti-competitive conduct, competition law cannot always be relied on by those opposing the IT giant.

24 May 2006

KLAUS KOBEC decision issued by High Court

In Fields v Klaus Kobec Ltd, the High Court of England and Wales has issued a decision in relation to use of the mark KLAUS KOBEC on watches, which serves as a reminder that (i) the right to trade under a brand following termination of a sales and marketing agreement should be clearly delineated, and (ii) a court will be reluctant to infer ownership of a mark which differs from that registered.

10 May 2004

Promise following asset purchase grants HERR-VOSS licence

In Blue IP Inc v KCS Herr Voss UK Ltd, the UK High Court has dismissed the plaintiff's claim for an injunction restraining the defendant from (i) using the mark HERR-VOSS, and (ii) registering or carrying on business under the name Herr-Voss. The court held that the defendant was entitled to use the mark and name as a result of a licence provided in correspondence as part of an asset purchase by the defendant.

30 April 2004

Appointed Person makes first reference to ECJ

An appointed person of the UK Patent and Trademark Office has for the first time referred a question to the ECJ. David Kitchin requested that the ECJ clarify whether the confusion that results from the sale of a business and assignment of a trademark associated with a particular individual's name to an unconnected party amounts to "lawful deception" in the meaning of the Community Trademark Directive.

20 April 2004

Court of Appeal hits the roof in design case

The Court of Appeal has found that a designer of components for conservatory roofs held design rights in the components "on trust" for the various companies of which he was a controlling shareholder. This is in spite of the fact that he was neither employed by, nor commissioned to create the designs for, the companies.

14 May 2003

Wrestling federation licensee allowed to sell WWF branded videogames

In World Wide Fund for Nature v World Wrestling Federation Entertainment Inc, the Court of Appeal has ruled that certain classic videogames of World Wrestling Federation performers can be sold by licensee THQ/Jakks Pacific LLC - a blow to efforts by the World Wide Fund for Nature, which had stopped the sale of the games through lower court legal action.