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Showing posts from January, 2019

The New Trade Marks Law

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Jane Lambert

On 16 Dec 2015 the President of the European Parliament and the President of the European Council signed Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Text with EEA relevance) OJ L 336, 23.12.2015, p. 1–26 ("the directive"). Art 55 of the directive repeals Directive 2008/95/EC with effect from 15 Jan 2019 while art 54 requires member states including the UK to transpose arts 3 to 6, 8 to 14, 16, 17 and 18, 22 to 39, 41 and 43 to 50 into their laws by 14 January 2019.

The legislation that implements art 54 in the United Kingdom is a statutory instrument, namely The Trade Marks Regulations 2018 (SI 2018 No 825). These regulations were made on 9 July 2018 and come into force on 14 Jan 2019. There are 54 of them arranged in 5 Parts:
Part 1 (reg 1) General: Citation, commencement and interpretation; Part 2 (regs 2 to 33) Amendments to the Trade Marks Act …

Restrictive Covenants - Freshasia Foods Ltd v Jing Lu

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Jane Lambert

Chancery Division (Daniel Alexander QC) Freshasia Foods Ltd v Jing Lu [2018] EWHC 3644 (Ch)

The first intellectual property judgment of the New Year is Mr Daniel Alexander QC's decision in Freshasia Foods Ltd v Jing Lu [2018] EWHC 3644 (Ch) (4 Jan 2019).  The learned deputy judge seems to have made his order on 19 Dec 2018 after a hearing that had taken place the previous day but he delivered the reasons for his order on 4 Jan 2019.

The Dispute
Mr Alexander described Freshasia Foods Ltd. ("Freshasia") as "a UK registered company which supplies food products, particularly dumplings and sliced meats, to Chinese retail shops and restaurants." He added that it has between 100 and 200 employees, a turnover in the millions of pounds and about 500 customers in total in the UK and the EU. He noted that there are only a few employers in the industry, which is a very specialist market of frozen and packaged food sold mainly to international student customers.

Trade Marks: Jaguar Land Rover v Twisted

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Jane Lambert

Chancery Division (Mrs Justice Rose) Jaguar Land Rover Ltd, v Twisted Automotive Ltd,[2018] EWHC 3536 (Ch)

This was an appeal by Jaguar Land Rover Ltd. against Louise White's decision in Re LR, Twisted Automotive Lt.d. v Jaguar Land Rover Ltd.BL O/289/18  15 May 2018 to refuse that company's application to register the letters "LR" as a trade mark for various goods in class 12.  The application was filed on 23 Aug 2016 under trade mark number UK3191949.

The Opposition
By that application Jaguar Land Rover. applied to register those Letters for the following goods:

"Motor land vehicles; parts and fittings for vehicles; engines for motor land vehicles; wheels for vehicles; alloy wheels; wheel trims; wheel rims; hub caps for wheels; hub centre caps; wheel covers; wheel sprockets; arm rests for vehicle seats; luggage bags specially adapted for fitting in the boot of vehicles; car interior organizer bags, nets and trays specially adapted for fitting in veh…

Trade Marks and Passing off: KBF Enterprises Ltd v Singh and others

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Jane Lambert

Intellectual Property Enterprise Court (Recorder Amanda Michaels) KBF Enterprises Ltd v Gladiator Nutrition 3.0Ltd and Others[2018] EWHC 3041 (IPEC)

This was an action for trade mark infringement and passing off.  There was also a counterclaim for a declaration that the trade marks were invalid and for a finding that the claimant was passing itself off as connected with the third defendant, Mr Daniel Singh.

The Dispute
The claimant carried on business as Bodybuilding Warehouse.  It claims to be "the number one bodybuilding supplements website and manufacturer in the UK" and has registered the following word marks:
WARRIOR SUPPLEMENTSWARRIOR BLAZEWARRIOR FAT BURNER, andWARRIOR. All of those marks were registered for food supplements and some for foods or other goods.  Bodybuilding Warehouse complained that Mr Singh, Mr John Paul Gardner, the fifth defendant, and the companies that they controlled had infringed those trade marks by marketing and selling food suppleme…