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Showing posts from January, 2016

Lookalikes: Gama Healthcare Ltd v PAL International Ltd

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In  Gama Healthcare Ltd v PAL International Ltd [2016] EWHC 75 (IPEC) (20 Jan 2016)the claimant, Gama Healthcare Ltd ("Gama") sued PAL International Ltd. ("PAL") for passing off. Gama complained that the get-up of Pal's Medipal disinfectant and detergent wet wipes was so similar to the packaging of its Clinell wipes that it was likely to lead members of the trade to believe that the defendant's wipes were those of the  claimant or otherwise connected with the claimant. The goodwill claimed  lay in the use of those colours in combination with the colour block design for the front of the packaging described. The proportion of the front of the pack which was to be coloured was not specified, and no part of the packaging was relied upon apart from the front of the package. Gama pleaded that the front of the package was the critical aspect that would most commonly be viewed by the public.

Gama was founded in 2004 by two medical doctors. It developed a universal…

Caspian Pizza Ltd and Others v Shah and Another

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The sign that appears above is registered as a trade mark for
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps; canned foodstuffs; pizza toppings; preparations for making pizza toppings; dried preparations for use as pizza toppings; ingredients for making pizzas in class 29 in the name of Caspian Holding Franchise Limited under trade mark number 2,559,245 with effect from 21 Sept 2010. Until 12 Jan 2016 it had been registered to Behzad Zarandi (Mr Zarandi") and Nadar Zand ("Mr Zand").

Until that date Mr Zarandi and Mr Zand also owned UK trade mark number 2,396,396 whereby the word CASPIAN had been registered for restaurant services, take-away food services and catering in services in class 43 with effect from 8 July 2005.
Caspian Pizza Ltd. ("CP") run a chain of pizza restaurants in and around Birmi…

Preparing for the Unified Patent Court

Site of the London Section and UK Division of the Unified Patent Court Aldgate Tower | Location Flythrough from J2 Agency on Vimeo.
On 28 Jan 2016 I shall give a talk to the CIPA Merseyside Meeting entitled Preparing for the UPC. I will give another presentation in my chambers on 4 Feb 2016 entitled Unitary Patent and Unified Patent Court. The reason I shall give those talks is that the Unified Patent Court ("the UPC") is likely to come into being in the next few months which will in turn enable the European Patent Office to grant its first European patents with unitary effect ("unitary patents") for the territories of those countries that ratify the Agreement on a Unified Patent Court of 19 Feb 2013 ("the UPC Agreement"),

When will the UPC come into being?

Art 89 (1) of the UPC Agreement provides that it will come into force:
"on 1 January 2014 or on the first day of the fourth month after the deposit of the thirteenth instrument of ratification or ac…