Welcome to the latest edition of our brand and trademark protection update – Brandhawk. In this issue, you can read our updates on some of the cases we have been following, which are of particular interest to brand owners.
The ECJ has recently given a landmark ruling on trademark issues in L’Oreal v eBay. The decision clarifies the position of online marketplace providers, such as eBay, whose users sell counterfeit or grey goods which infringe a brand owner’s trademark. In a follow up to our article in the previous edition of Brandhawk, we explore the ECJ’s decision and the anticipated impact upon brand owners and online marketplace providers.
In an update to our article in the previous edition of Brandhawk, we look at the ECJ's recent decision on the unauthorised use of trademarks as keywords in the case of Interflora v Marks & Spencer. In this decision, the ECJ provides helpful guidance on when a trademark owner can prevent a competitor from using its trademark as an internet keyword.
In our article War of the Roses – Trademark Dispute Between Yorkshire Breweries, we consider the recent High Court judgment in the case of Samuel Smith Old Brewery v Philip Lee t/a Cropton Brewery concerning the use of the white rose design. The design is traditionally known as the symbol of Yorkshire, but was registered by Samuel Smith as a trademark in 1973. In this interesting decision, the Court also highlights the importance of engaging in mediation in trademark disputes.
Lucasfilm has been embroiled in a lengthy copyright dispute with British propmaker, Andrew Ainsworth, which was recently concluded by the Supreme Court. Lucasfilm’s arguments that Mr Ainsworth infringed its UK copyright in the Star Wars Stormtrooper costumes by reproducing and selling replica Stormtrooper helmets were ultimately unsuccessful. We examine the details of this interesting decision in our article; Lucasfilm v Ainsworth - Supreme Court Rules on Copyright in Star Wars Stormtrooper Costume.
Finally, we report on the recent reforms to the Patents County Court which have been implemented as a result of the Intellectual Property Court Users’ Committee’s review and Lord Justice Jackson’s recommendations in his report on civil litigation costs. The reforms aim to combat the high costs of IP litigation and promote access to justice.
We hope that you find this briefing useful and informative, and if you have any queries or would like further information on any of the issues discussed, please do let us know.
For further information on these cases and any other IP law issues, please contact Clive Lee or Liane Bylett by emailing Clive or Liane or by calling them on 08450 990045, or speak to your usual contact in the Commercial Disputes Team.