Trademarks & Domain Names

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Hot topics

A strategy for domain names

Domain names play an important role in the sales and marketing activity of any organisation, but the IP implications of registering and managing online channels can be easily overlooked, especially if responsibility sits outside the IP department with marketing and/or IT teams. We set out points to consider when seeking to align domain name registrations with trademark rights.

A strategy for domain names
News & opinion

The caterpillar is still hungry for a ‘lookalike’ decision

The legal dispute between Marks & Spencer and Aldi over their rival Colin the Caterpillar and Cuthbert the Caterpillar birthday cakes was the source of many headlines and Twitter posts in 2021. Luke Portnow explains what the supermarket chains' decision to settle out of court means for the UK's law of 'passing off' post-Brexit.

By Luke Portnow,
The caterpillar is still hungry for a ‘lookalike’ decision
Hot topics

Battle of the eagles: Trademark infringement and ‘indirect’ confusion

If a likelihood of direct confusion between two trademarks cannot be established, the courts may still be prepared to find infringement on the basis of a likelihood of indirect confusion. A decision by the England and Wales Court of Appeal over the ‘American Eagle’ trademark provides some insight into the circumstances necessary for indirect confusion to apply.

By Novagraaf Team,
Battle of the eagles: Trademark infringement and ‘indirect’ confusion