NIPC Law

Author J.P.Lon-Commonswiki   Public Domain   Source Wikimedia Commons Jane Lambert Chancery Division (Tom Mitcheson KC)    Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Fontana Food Ab [2024] EWHC 2311 (Ch) (9 Sept 2024) In Geographical Indications ,  I wrote that signs that are used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin may be protected by  collective and certification marks .   An example of a collective mark is HALLOUMI which was registered by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi ("the Foundation") with effect from 22 Feb 1999 under trade mark number  UK901082965 .  The Foundation is an association of producers dedicated to the promotion of halloumi which is the traditional cheese of Cyprus. The Application Fontana Food AB  ("Fontana") is a Swedish c...

Author User:Makaristos   Licence Public Domain      J ane Lambert Business and Property Courts of England and Wales (Mr Ian Karet)  Marriott Worldwide Corporation v Delta Air Lines, Inc . [2023] EWHC 283 (Ch) (10 Feb 2023 In Re DELTA, Delta Air Lines, Inc, v Marriott Worldwide Corporation   O/081/22 31 Jan 2022, Marriutt Worldwide Corporation ("Marriott") successfully resisted an application by Delta Air Lines Inc ("Delta") for a declaration of invalidity in respect of trade mark number 3108603 for all the classes for which the mark DELTA was registered pursuant to s.47 (2) and s.5 (2), (3) and (4) of the Trade Marks Act 1994.  The only services for which the application succeeded were: "Retail stores services all connected with the sale of articles and equipment for household purposes, namely clothing, footwear, headgear, toiletries, cosmetics, optical goods, toys, plush toys, games, stationery, printed matter, umbrellas, luggage, je...

RED DAWG RED BULL Jane Lambert Chancery Division (Mr Justice Adam Johnson)  Monster Energy Company v Red Bull GmbH [2022] EWHC 2155 (Ch) (12 Aug 2022) One of the grounds for opposing a trade mark is that it is identical with or similar to an earlier trade mark that has a reputation in the United Kingdom and the use of the later mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark.  That raises the question of what constitutes "unfair advantage" of an earlier mark.  A case that sheds light on that issue is Mr Justice Adam Johnson's decision in  Monster Energy Company v Red Bull GmbH [2022] EWHC 2155 (Ch) (12 Aug 2022), This was an appeal against Mr James Hopkin's decision in Re RED DAWG trade mark, Red Bull GmbH v Momster Energy Company  in BLO/636/21 of 26 Aug 2021 refusing registration of trade mark number 3497054 under s.5 (3) of the Trade Marks Act 1994.  He set...

Handsam Ltd . describes itself as "a leading provider of online management systems, consultancy services and advice to both the business and education sectors." Its specialisms include health and safety management, policy writing and advice in all areas, security, fire, training and data protection. It has recently extended its online services to include a school trip planning system . Its systems claim to offer its clients guaranteed compliance, audit trails or chain of evidence collection and peace of mind for leaders, directors and managers. By an application dated the 15 July 2014 Handsam applied to register the following sign as a trade mark for the following goods and services. The specified goods and services were: Class 16: Magazines; Books; Leaflets; Printed guides; Printed manuals; Printed matter for educational purposes; Teaching materials for education; Printed matter for instructional purposes. Class 35: Business advice; Business management advisory s...