Law: Trade Marks Act 1994 (UK)

UKIPO opposition decision: Stihl got it!

The decision highlights the importance of filing evidence of reputation and to rely on all relevant grounds of opposition.

02 September 2024

Supreme Court clarifies ‘knowledge’ requisite to establish accessory liability

The decision makes it easier for directors to escape personal liability from trademark infringement committed through companies by arguing a lack of knowledge.

31 May 2024

Dry January: is the sobriety slogan too generic for trademark protection?

The UKIPO found that DRY JANUARY could not function as a trademark due to its descriptive nature and the public’s strong association of the term with a general concept.

08 May 2024

Court of Appeal rules that easyGroup suffered damage in Easy Live Auction dispute

The decision shows that the ‘damage’ element of the passing-off test can be satisfied where the claimant has an existing or prospective licensing business.

13 February 2024

Dream is over after Court of Appeal finds infringement of Umbro’s ‘double diamond’ logo

The decision highlights that the way in which marks are viewed by consumers in the post-sale context can be determinative of infringement.

12 February 2024

IPEC ‘de-cider’ over Aldi’s lookalike packaging leaves a sour taste for brands

The IPEC dismissed Thatchers’ claims for trademark infringement and passing off, despite finding that Aldi had deliberately adopted a similar packaging.

08 February 2024