Wrigley Claydon Solicitors

Category: Intellectual Property

  • The UKIPO rejects Kellogg’s trade mark opposition

    The UK Intellectual Property Office (UKIPO) has rejected a trademark opposition brought by the Kellogg Company against British brewery Fuller’s.

     

    In June 2018, Kellogg’s filed an opposition to Fuller’s ‘Fruit Loop’ mark for a seasonal summer beer, which Kellogg’s claimed infringed its EU trademark for its breakfast cereal brand Froot Loops.

    Kellogg’s claimed that the Fuller’s mark would benefit from Kellogg’s reputation and also damage the brand by its use in connection with an alcoholic drink.

    Fuller’s argued that the two products had little in common in terms of taste or flavour, and that cereal products and beer were unlikely to be placed near each other in shops.

    The UKIPO was found that Kellogg’s had failed to demonstrate the reputation of its ‘Froot Loops’ brand in the UK and also failed to provide sales figures for the UK. .

    The UKIPO also found that the marks were similar to a low degree, taking into account the other elements in Fuller’s mark, including the words ‘Tropical fruit pale ale’ and the alcohol content label.

    The UKIPO awarded costs of £2,400 to Fuller’s.

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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  • High Court employs ‘intention to target’ approach to determine application of EU/UK law in online trade mark infringement case

    The High Court recently issued a judgment concerning determination of the law applicable to online trade mark infringements in the case of Easygroup Ltd v Easy Fly Express Ltd & Chowdhury.

    The Claimant, easyGroup is the proprietor of the word mark EASYJET and the word easyFlights. The two Defendants’, Mr Chowdhury and his company Easy Fly, both based in Bangladesh, are the holders of the domain www.easyfly-express.com from which Easy Fly’s services were marketed.

    easyGroup claimed that the Defendants’ use of the signs amounted to infringement of its registered trademarks, as well as passing off.

    In order to qualify as an infringement of a UK or EU trade mark, the use of the Defendants’ sign must essentially be targeted at an UK audience or at somewhere in the EU.

    easyGroup argued that the Defendants would target the UK and the EU by noting that the Defendants’ website and Facebook page were in English. The judge however, found that English is widely spoken in Bangladesh is the dominant language used on websites globally. The Defendants also established that there were no UK or EU contact details on their website or social media platforms.

    Furthermore, by typing in the words “cargo flight Bangladesh” on Google Search, the Defendants’ website showed up as the second hit. However, there was nothing to suggest that the service targeted the UK or Europe since the Google search included the country “Bangladesh”.

    In light of the above there was nothing to suggest that a UK or EU consumer was targeted by the Defendants’ services. The only other factor relied upon by easyGroup as supporting a conclusion to the contrary was the resemblance between the defendant’s signs and easyGroup’s trademarks.

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

  • Marc Jacobs Wants Nirvana’s Copyright Lawsuit Dismissed

    Lawyers for fashion designer Marc Jacobs have filed a motion to dismiss the lawsuit made against him by the estate of the band Nirvana, which accuses him of copyright infringement.

    The designer’s collection features a cartoon “smiley face” similar to the one used by Nirvana as their logo, along with the word “Heaven” printed in the distinctive typeface used by the band. The lawsuit argues that Jacobs intentionally used “Nirvana’s copyrighted image on and to promote its products” in an “oppressive, fraudulent and malicious” manner. It seeks damages and for the clothes to be removed from sale.

    Jacobs admits the designs were “inspired by vintage Nirvana concert T-shirts from the 1990s”, but argues that Jacobs “reinterpreted the design to incorporate [a Marc Jacobs] branding element into an otherwise commonplace image”.

    The motion centres on a technicality: while Nirvana do own copyright to similar artwork, it is for an entire T-shirt design with a smiley face, the word Nirvana, and the words “flower sniffin kitty pettin baby kissin corporate rock whores” written on the back. By replacing the smiley face’s crosses for eyes with the letters M and J, and the word Nirvana with Heaven, Jacobs’ motion argues that the design therefore does not infringe copyright as it is not an exact replica of the copyrighted Nirvana design.

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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  • Aberdeen FC loses trademark battle over ‘Dons Dram’ whisky

    Aberdeen FC have lost a court battle with a Spanish sherry-maker, Sandeman over the right to call their brand of Scotch whisky the ‘Dons Dram’ – because Sandeman owns the copyright.

    Aberdeen FC, nicknamed The Dons, launched the blended whisky and applied to register the name Dons Dram as a trademark to protect its brand, however, Sandeman objected.

    Sandeman produce a Spanish sherry called ‘Don Fino’ and their lawyers said the application overlapped with their registered trademark and people could confuse the two businesses. They claimed that Aberdeen could benefit from this confusion, and called for their application to be blocked.

    The UK Intellectual Property Office (IPO), who rule on trademark disputes, found in Sandeman’s favour after ruling that the vast majority of the public wouldn’t be aware of Aberdeen’s nickname.

    Aberdeen FC have been ordered to pay Sandeman £1,500 in legal costs following the conclusion of the hearing.

    The ruling means Aberdeen FC will have to change the name of their whisky or apply to Sandeman for permission to use it.

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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  • Janelle Monáe accused by fashion designer of wearing ‘copied’ outfit

    Nange Magro, a London-based fashion designer has said her costume designs have been plagiarised for Janelle Monáe’s recent Grammy awards performance.

    Magro posted images on Instagram comparing designs she made in 2015 with those worn by Monáe on stage at the Grammys. She said “ I am flattered to be an inspiration for this amazing artist, but not flattered that my original design has been blatantly imitated.”

    In 2016, Moschino designer Jeremy Scott made an undisclosed settlement with graffiti artist Joseph Tierney, after Tierney accused him of plagiarising one of his artworks for a dress worn by Katy Perry to the 2015 Met Gala.

    In March 2018, Vivienne Westwood apologised to fellow fashion designers Louise Gray and Rottingdean Bazaar after she imitated one of their designs, saying: “We are sorry. The use of your graphics on our T-shirt was only ever meant to be a celebration of your work.”

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.