Brand Matters Issue 14: October 2019 Post Editor's Note Welcome to the Autumn edition of Brand Matters. News Nintendo obtains novel blocking injunction On 10 September 2019, Arnold J issued judgment granting a ground-breaking blocking website blocking order to Nintendo Co., Ltd, the seller of the popular Nintendo Switch games console. News Brexit update: EU Nationals in the UK In the last edition of Brand Matters, we reported on steps to take in relation to EU nationals in the UK in a No Deal scenario. News Advocate General Opinion in Sky v SkyKick Advocate-General Tanchev has issued his Opinion dealing with the questions raised by the English High Court in Sky v SkyKick. News Court refers questions on first disclosure of designs to CJEU The Intellectual Property Enterprise Court (IPEC) has referred the important question of what counts as a first disclosure of a design for the purposes of qualification for Unregistered Community Design (UCD) to the EU Court of Justice (CJEU). News No 'Monopoly' rights for re-filed trade marks A recent EUIPO Board of Appeal decision could impact the validity of countless EU and EU national trade marks, following what we understand to be only its third oral hearing in 23 years, underlining the significance of this case. News Social Media and Influencers: ASA Surveys Consumer Understanding Earlier this year, social media stars including Alexa Chung and Millie Mackintosh, provided voluntary undertakings to the Competition and Markets Authority (CMA). News Choosing a brand: the importance of considering goodwill and reputation The recent IPEC decision in Claridge's Hotel Limited v Claridge Candles Limited and Anor serves as a reminder that if an earlier trade mark holder has a substantial reputation its rights may extend beyond the goods and services for which its trade mark is registered. News Public consultation on the Vertical Block Exemption Regulation: brand battle lines are drawn We previously reported on the European Commission's consultation on the functioning of the current Vertical Block Exemption Regulation ("VBER") and the accompanying guidelines. The Commission has recently published responses to this consultation. News Lessons from Red Bull's colour combination trade mark In the final instalment of Red Bull’s long-standing efforts to register its combination of the colours blue and silver as a trade mark for “energy drinks”, the CJEU has upheld the General Court's finding that the trade mark was not valid, dismissing Red Bull's appeal. Subscribe Never miss a publication by signing up to our mailing list Subscribe Brand Matters: Subscribe
News Nintendo obtains novel blocking injunction On 10 September 2019, Arnold J issued judgment granting a ground-breaking blocking website blocking order to Nintendo Co., Ltd, the seller of the popular Nintendo Switch games console.
News Brexit update: EU Nationals in the UK In the last edition of Brand Matters, we reported on steps to take in relation to EU nationals in the UK in a No Deal scenario.
News Advocate General Opinion in Sky v SkyKick Advocate-General Tanchev has issued his Opinion dealing with the questions raised by the English High Court in Sky v SkyKick.
News Court refers questions on first disclosure of designs to CJEU The Intellectual Property Enterprise Court (IPEC) has referred the important question of what counts as a first disclosure of a design for the purposes of qualification for Unregistered Community Design (UCD) to the EU Court of Justice (CJEU).
News No 'Monopoly' rights for re-filed trade marks A recent EUIPO Board of Appeal decision could impact the validity of countless EU and EU national trade marks, following what we understand to be only its third oral hearing in 23 years, underlining the significance of this case.
News Social Media and Influencers: ASA Surveys Consumer Understanding Earlier this year, social media stars including Alexa Chung and Millie Mackintosh, provided voluntary undertakings to the Competition and Markets Authority (CMA).
News Choosing a brand: the importance of considering goodwill and reputation The recent IPEC decision in Claridge's Hotel Limited v Claridge Candles Limited and Anor serves as a reminder that if an earlier trade mark holder has a substantial reputation its rights may extend beyond the goods and services for which its trade mark is registered.
News Public consultation on the Vertical Block Exemption Regulation: brand battle lines are drawn We previously reported on the European Commission's consultation on the functioning of the current Vertical Block Exemption Regulation ("VBER") and the accompanying guidelines. The Commission has recently published responses to this consultation.
News Lessons from Red Bull's colour combination trade mark In the final instalment of Red Bull’s long-standing efforts to register its combination of the colours blue and silver as a trade mark for “energy drinks”, the CJEU has upheld the General Court's finding that the trade mark was not valid, dismissing Red Bull's appeal.