Organisation: Nestlé

In <i>Hipp & Co KG v OHIM</i>, the General Court has upheld a decision of the Second Board of Appeal of OHIM in which the latter had found that there was a likelihood of confusion between the trademarks BEBA and BEBIO, which both covered baby food. Rather surprisingly, instead of accepting that 'beb' was a reference to 'baby' or '<i>bébé</i>', the court stated that Spanish consumers would associate 'beb' with the Spanish verb '<i>beber</i>' (‘to drink’).

24 April 2012

Almost 1,500 nominations and two months of extensive research later, the shortlist for this year's WTR Industry Awards can now be revealed. The awards recognise the vital work of in-house trademark counsel and identify those teams and individuals that are performing their functions to the highest standards. The winners will be announced next month at an exclusive reception in Washington DC.

19 April 2012

In <i>SE-Blusen Stenau GmbH v OHIM</i>, the General Court has annulled a decision of the First Board of Appeal of OHIM in which the latter had found that there was no likelihood of confusion between the figurative mark SE SPORTS EQUIPMENT and the earlier mark SE SO EASY, which both covered goods in Classes 18 and 25.

14 December 2011

While companies navigate the different valuation methods in a bid to ascertain true brand value, new research has focused on a different intangible – meaningfulness. Ikea, Google and Nestlé lead the way, but the study also found that consumers feel only a fifth of brands have a notable positive impact on their sense of wellbeing and quality of life, with marked differences in the regional attachment to brands.

28 November 2011

In a preliminary decision, the UK IPO has dismissed Nestlé’s opposition to Cadbury’s application to register the colour purple (Pantone 2865c) as a trademark for chocolate bars, tablets and drinks. The IPO found that the colour had acquired enough distinctive character associated with Cadbury’s goods. However, in a partial victory for Nestlé, the mark will not extend to chocolate confectionary, assortments and cakes.

24 November 2011

UK IP law will allow for some variation on a single colour mark, but public perception remains key to establishing distinctiveness and claiming ownership. At least, that’s the takeaway following Cadbury’s victory over Nestlé in its claim to the colour purple for chocolate.

17 November 2011

In <i>Coca-Cola v Vrumona</i>, the Court of Appeal of Antwerp has held that the rules on unfair competition cannot serve as a fall-back in the absence of trademark protection. Coca-Cola argued that Vrumona had copied the look and feel of its vitaminwater product, and sought to protect it under the unfair competition rules.

11 November 2011