In a developing story, where all the facts are not yet clear, Wembley National Stadium (“WNS”) has successfully applied to invalidate Wembley Football Club (“WFC”)’s 2012 EU registered trade mark.
Resellers need to tread a careful line when using a brand owner’s marks. Use by an independent garage of BMW’s marks crossed the line between informative use (which is permitted) and misleading use (which is not).
In the latest round of the long running skirmish between confectionary giants Nestlé and Cadbury, Nestlé has lost its appeal to secure trade mark protection for the shape of its four-finger Kit Kat bar.
Aggrieved rights holders' thoughts turn to sharply worded cease and desist notices aimed at stopping infringement or paving the way to court action. Rights holders need to take care before making threats.
As sales are becoming more and more regular throughout the year amidst fierce market competitions, many businesses are turning to comparative advertising to drive up sales.
Brand owners should ensure new brand names are original and capable of indicating the trade origin of the goods or services they provide, or they may find they have little, if any, protection.
