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Showing posts with the label art 9

Trade Marks: Lifestyle Equities v Amazon

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Author Mcwesty   Licence Public Domai n Source Wikimedia Commons   Jane Lambert Supreme Court (Lords Hodge, Briggs, Hamblen, Burrows and Kitchin)  Lifestyle Equities CV and another v Amazon UK Services Ltd and others [2024] UKSC 8 (6 Mar 2024) The Beverly Hills Polo Club  is a popular range of clothing and luxury goods on both sides of the Atlantic.  The Dutch companies Lifestyle Equities  CV and Lifestyle Licensing BV ("Lifestyle"), hold the Beverly Hills Polo Club brands in the European Union and UK.  An unconnected business that holds corresponding rights in the USA supplies Beverly Hills Polo Club branded goods to the American market.  Amazon.com Inc. and its subsidiaries ("Amazon") are one of the American supplier's distributors in the USA.  They market those goods on their US website,  Lifestyle has complained that consumers in the UK have purchased goods intended for the American market from that website and imported them into t...

Practice - Manchester United v Sega

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Steve Garry from Manchester, United Kingdom / CC BY (https://creativecommons.org/licenses/by/2.0 ) Jane Lambert Chancery Division (Mr Justice Morgan) Manchester United Football Club Ltd v Sega Publishing Europe Ltd and another  [2020] EWHC 1439 (Ch) (4 June 2020) This was an application by Manchester United Football Club ("MUFC") for permission to amend its particulars of claim.  The Club has already brought proceedings against Sega Publishing Europe Ltd. ("Sega") and Sports Interactive Ltd. ("SI") alleging infringements of  its EU trade marks  EU1333640  and  EU761312  under art 9 (2)  (a) and (c) of   Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (Text with EEA relevance) OJ L 154, 16.6.2017, p. 1–99 and passing off.  The amendment that it sought would have added a new cause of action under art 10. SI had developed a game call...

Car Wars: Enterprise and Europcar

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The Rival Logos: Enterprise's to the left and Europcar's to the right In Enterprise Holdings, Inc v Europcar Group UK Ltd and another [2015] EWHC 17 (Ch) (13 Jan 2015) Enterprise Holdings Inc . ( "Enterprise" ) sued Europcar UK Ltd  and its French holding company ( "Europcar" ) for trade mark infringement and passing off.  Enterprise trades under the logo to the left while Europcar had begun to use the sign on the right. The litigation in England iwa part of a global struggle between the two car hire giants over those logos.  According to Mr Justice Arnold there are some 98 trade mark disputes between those parties over Europcar's new logo around the world.  The Registration Enterprise alleged infringement of 3 of its UK registered trade Marks and 7 of its Community ones. At trial Enterprise focused its case on CTM  937,4497 ( "the CTM" ) which was registered as of 14 Sept 2010 in respect of  "vehicle rental and leasing ...

Trade Mark Infringement and Passing off: British Sky Broadcasting Group Plc v Microsoft Corporation

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In British Sky Broadcasting Group Plc and Others v Microsoft Corporation Microsoft and another   [2013] EWHC 1826 (Ch), Sky (that is to say British Sky Broadcasting Group plc, Sky IP International Limited, British Sky Broadcasting Limited and Sky International AG) sued Microsoft (Microsoft Corporation and Microsoft Luxembourg Sarl) for infringement of its British and Community trade marks and passing off while Microsoft counterclaimed for declarations of invalidity of Sky's trade marks on grounds of descriptiveness and  impermissible amendment. Sky's registrations were: 2 415 829 for the word 'SKY', for "computer software to enable searching of data; computer programs; computer software; computer software to enable connection to databases and the Internet; computer software supplied from the Internet".in class 9 and "communications by means of or aided by computers; transmission of text, messages, sound and/or pictures; computer aided transmission of ...