Posts

Showing posts with the label s.5 (4)

Trade Marks and Passing off - Hayman-Joyce Property v Hayman-Joyce Broadway

Image
Broadway Author Richard Slessor Licence CC BY-SA 2.0 Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Recorder Michaels) Hayman-Joyce Property Ltd v Hayman-Joyce Broadway LLP and another [2023] EWHC 1028 (IPEC) (2 May 2023) This was an action for trade mark and copyright infringement and passing off. There was also a counterclaim for invalidation of the trade mark. The claimant and first defendant were estate agencies that had been founded by James Hayman-Joyce.  James's son Thomas managed the claimant.  The second defendant who had been James's business partner managed the first defendant.  The trade marks HAYMAN JOYCE and HAYMAN-JOYCE had been registered by the claimant for various services in classes 35 and 36 under trade mark number UK3350970 in the face of vigorous opposition from the second defendant on 8 Oct 2020. The Dispute Relations between the parties began to deteriorate after 2010. There was disagreement over the use of...

The Rubettes - Alan Williams Entertainments Ltd v Clarke

Image
The Rubettes. (2022, July 18). In Wikipedia . https://en.wikipedia.org/wiki/The _Rubette s Licence CC BY 3.0 Jane Lambert Intellectual Property Enterprise Court (Ms Pat Treacy) Alan Williams Entertainments Ltd. and another v Clarke and others [1922] EWHC 1798 (IPEC) (13 Jully 2022) This was a dispute between former members of a rock group known as The Rubettes .  The   claimants were Alan Williams Entertainments Ltd. and one Alan Williams.  The company was owned by Mr Williams and his wife.  Mick Clarke and John Richardson, the first and second defendants, had performed with Mr Willians in the original band.   The third defendant, Steve Etherington. had joined the band later. The claimants claimed that the company (or alternatively the company and Mr Williams) owned the goodwill in the names "The Rubettes" or "The Rubettes featuring Alan Williams" ("the Rubettes' Names") in relation to live music events, merchandising, music sales and associated ...

Trade Marks: Wirex Ltd v Cryptocarbon Global Ltd

Image
Author Martin E Walder   Licence CC BY-SA  3.0   Source Cryptocurrency   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Wirex Ltd v Cryptocarbon Global Ltd and others [2021] EWHC 617 (IPEC) (16 March 2021) This was an action for trade mark infringement and a counterclaim for a declaration that the registration of that mark was invalid and passing off.  The action and counterclaim came on for trial before His Honour Judge Hacon on 26 Jan 2021.  His Honour dismissed the counterclaim and gave judgment to the claimant on 16 March 2021 (see  Wirex Ltd v Cryptocarbon Global Ltd and others [2021] EWHC 617 (IPEC) (16 March 2021). The Mark The mark in suit was  CRYPTOBACK  which the claimant Wirex Ltd,  had registered for a large range of goods and services in classes 9, 36 and 42 under registration number UK00003307327 with effect from 28 April 2018.  Wirex used that mark in relation to a credit card incentive ...

Practice - Anglo Atlantic Media Ltd v Slater and Others

Image
Jane Lambert  Chancery Division (HH Judge Briggs)  Anglo Atlantic Media Ltd v Slater and others [2020] EWHC 710 (Ch) (8 April 2020) This was an application to strike out proceedings that had been launched by the registered proprietor of the above trade mark  against the musician,  Rodney Slater , and others who had played together as The Bonzo Dog Doo-Dah Band  in apparent retaliation for their application in the Trade Marks Registry to cancel the registration.  The musicians' application was heard by Mr Oliver Morris on behalf of the Registrar on 5 Sept 2019 who delivered his decision declaring the registration invalid on 30 Oct 2019 (see  Re Bonzo Dog Doo-Dah Band, Spear and others v Anglo Atlantic Media Ltd, O/664/19 30 Oct 2019). The former proprietor of the trade mark and the claimant in the retaliatory proceedings was a private company incorporated with limited liability in England and Wales in the name of Anglo Atlantic ...

Re VERA LYNN, Lynn v Halewood International Brands Ltd.

Image
The White Cliffs of Dover Author Walter Mittelholzer 1894-1937 Jane Lambert Trade Marks Registry (Ms A Skilton) Re VERA LYNN, Lynn v Halewood International Brands Ltd,   BL O/766/19 12 Dec 2019 Dame Vera Lynn was born in 1917 and is still going strong.  Known as the forces' sweetheart her broadcasts, sound recordings and concerts contributed enormously to military and civilian goodwill during the second world war.  One of her most famous songs is The White Cliffs of Dover   which she recorded in 1942.    Halewood International  is a major manufacturer and distributor of alcoholic beverages whose brands include Crabbie's, Lambrini and Dead Man's Fingers. On 14 June 2018 Halewood applied to register the name VERA LYNN for alcoholic beverages (except beer) and spirits in class 33.  Dame Vera filed a notice of opposition relying on s.5 (4) and s.3 (6) of the Trade Marks Act 1994 .  In her statement of grounds Dame V...

Trade Marks: Jaguar Land Rover v Twisted

Image
Land Rover Defender Author Jacopo Prisco Licence Creative Commons Attribution-Share Alike  2.5 Generic Source Wikipedia 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 rest...

Tripping: TripAdvisor v Handsam

Image
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...

Caspian Pizza Ltd and Others v Shah and Another

Image
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 pi...