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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.
In a 2014 press release, luxury car manufacturer Ferrari presented its new FXX K sports car to the public for the first time. Its battle to enforce an unregistered design right based on that disclosure has taken it through the German courts to the CJEU.
Typefaces, as with any graphic creation, can benefit from legal protection as long as they meet the relevant criteria for IP protection.
Inditex, the parent company of trendy clothing brand Zara, has partially failed in its attempt to register an EU trademark to cover food products, restaurants and related services. In its December 2021 ruling, the EU General Court found mainly in favour of food producer Ffauf Italia, as Julia Schefman explains.
Counterfeit activity is a threat to all modern businesses, affecting their profits, their reputation and, in some cases, the safety of their consumers. This white paper sets out five steps to success when targeting the trade in fakes, and provides answers to some frequently asked questions
The international systems for trademark and design protection continue to expand, with Jamaica the latest country to file instruments of accession. The more countries that join the systems the better it is for companies that operate internationally.
Download our updated trademark management white paper to find out how to build a trademark strategy that supports your business goals.
Last July, the Enlarged Board of Appeal of the EPO issued decision G1/21, which authorises oral proceedings before the Boards of Appeal via videoconferencing during a period of general urgency, even if all parties have not given their consent.
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.