07 October 2005

IP Case Law Update: Trade Marks and Competition

Save for Sportswear and Alex Ferguson the new law term does not appear to have brought a great crop of interesting IP cases to date - at least on this side of the Atlantic. Two that might be worth looking at however are the Court of First Instance's judgment in Bunker (Bunker & BKR v OHMI- Marine Stock (B.K.R.) [2005] EUECJ T-423/04 (5 October 2005) and the Court of Session's decision in Pik Facilities Ltd v. Watson Ayr Park Ltd [2005] ScotCS CSOH_132 (4 October 2005).

Bunker is a trade mark case. The Court annulled the Board of Appeal's decision in an earlier marks case. Though it does not break new ground it illustrates the processes by which the now substantial body of case law is to be applied.

Pik is not an IP case at all. It concerns access to land in Scotland. The question before the learned deputy judge was whether the owners of Prestwick international airport could bar shuttle buses carrying motorists between a long term car park and the terminal building. The car park owners raised two defences, one based on Scottish common law, planning legislation and the regulation of the airport and the other on national and EC competition law. It is the latter that interests us, particularly the analysis of the legislation and cases. Neither argument appears to have impressed his lordship.

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