Organisation: Starbucks

In <i>Starbucks (HK) Ltd v British Sky Broadcasting Group Plc</i>, the High Court has rejected claims of trademark infringement and passing off in connection with the use of the name NOW TV. The court held that the claimants' figurative CTM NOW was invalid as it was descriptive. It went on to conclude that, even if it had been valid, there was no infringement because the distinctive figurative element was not used, and there was no likelihood of confusion.

13 November 2012

Tobacco plain packaging legislation has been given a vigorous shakedown at the AIPPI conference in Seoul, with a stark warning issued over the likelihood that plain packaging rules could spread to other industries.

23 October 2012

In <i>British Sky Broadcasting Group PLC v Starbucks (HK) Limited</i> and <i>EMI (IP) Limited v British Sky Broadcasting Group PLC</i>, the Court of Appeal has upheld a stay of infringement proceedings awaiting the outcome of an invalidity application at OHIM in respect of the allegedly infringed mark NOW, whilst refusing the appeal for a stay of a separate set of infringement proceedings where invalidity proceedings had also been commenced at OHIM for the mark involved.

20 September 2012