Back in October 2010 we published the first part of this article speculating on how the Interflora v Marks & Spencer case might develop. On 21 May 2013 Mr Justice Arnold of the High Court issued judgement. Background To recap on the facts of the case, Marks & Spencer PLC (‘M&S’) used the registered trademark…
The European Commission is in the process of consulting stakeholders regarding proposed changes to EU law, including changes to the bad faith provisions. Under the bad faith provisions trademark applications/registrations may be challenged on grounds that they were essentially filed dishonestly. If the proposed law is given a broad interpretation then it seems that there…
As trademark attorneys, we often have enquiries from people who are launching a business and want to register a business or product name, but are on such a tight budget that even a couple of hundred pounds spent on a trademark attorney is too much. If you can afford a trademark attorney we highly recommend…
For an update please see Part 2 With the increasing importance of the internet in commerce trademark law is having to catch up with new ways of advertising, in particular Google Adwords. The ongoing Interflora v Marks & Spencer case looks as though it might have a serious impact on using trademarks as Adwords. There…
