WR News - Withers and Rogers

Recent Cases

ECJ ruling in ‘smell alike’ case is victory for brand owners

Responding to questions referred by the UK courts, the European Court of Justice (ECJ) yesterday gave its judgment in the controversial ‘smell alike’ comparative advertising case.

The case was brought by L’Oreal, Garnier and Lancôme – companies that form part of the L’Oreal Group - and considers the issue of trade mark infringement and, in particular, what constitutes “unfair advantage” in the context of comparative advertising. L’Oreal Group brought trade mark infringement proceedings after Bellure and associated companies marketed their products in the UK by issuing retailers with comparison lists. The lists encouraged retailers to buy Bellure perfumes by comparing them to L’Oreal’s well known Trésor, Miracle, Noa Noa and Anais Anais perfumes, which possess a similar smell. Bellure also used similar packaging to that used and registered by L’Oreal in order to market its perfumes.

The Green Channel

The UK Intellectual Property Office (IPO) has instigated, as part of a wider-reaching Government measure to tackle climate change, an initiative to enable “green” patent applications to be fast-tracked. This initiative is being referred to by the IPO as the “Green Channel”.

The Green Channel came into force on 12^th May 2009 and applies to both new and pending UK patent applications. The IPO suggest that it will be possible, in some cases, to obtain a granted patent around nine months from the date of filing, as opposed to the usual period of between two and four years.

Hungary and Lithuania sign up to the London Agreement

Hungary and Lithuania have recently acceded to the London Agreement. Entry into force in Hungary is expected on 1 January 2011. Hungary and Lithuania have recently acceded to the London Agreement. Entry into force in Hungary is expected on 1 January 2011. After the entry into force of the London Agreement, Hungary will no longer require a full translation of European patent specifications. Hungary will continue to require a translation of the claims into Hungarian at the time of grant. The London Agreement entered into force in Lithuania on 1 May 2009. However, Lithuania has already modified its translation requirements to bring it into line with the London Agreement. Therefore there will be no change in translation practice in Lithuania and only a translation of the claims will be required.

For more information about the London Agreement please see:

http://www.withersrogers.co.uk/content/view/170/45/
http://www.withersrogers.co.uk/content/view/145/45/

John Dean
Life Sciences & Chemistry

Google Adword trade mark case is in the balance

A decision on whether use of third party registered trade marks as sponsored Google Adword search terms constitutes trade mark infringement is in the balance, awaiting guidance from the European Court of Justice (ECJ).
Read more...

Petitions to the EPO EBA, is the provision working?

In December 2007 a series of amendments were made to the European Patent Convention. These included the introduction of a provision allowing a party adversely affected at Appeal to petition for the referral of a case to the Enlarged Board of Appeal. There have been 16 such appeal decisions, five of which have been decided. Withers & Rogers are pleased to be involved in one of these rare proceedings.

More...

<< Start < Prev 1 2 3 4 5 6 Next > End >>

Results 1 - 9 of 54

[ Back ]

design & database development www.digitalegg.net