IPO There has been a long running dispute between these two party’s dating back to the early 1980’s. The mark in suit was applied for on 28 June 1989 and was opposed by the current applicant all the way to the Court of Appeal, who allowed registration under Section 12 of the 1938 Trade Marks … Continue reading Budweiser (Trade Mark: Invalidity): IPO 2 Aug 2007
The opponent marketed baby food using the trade mark. The applicant sough revocation of the trade mark on the grounds of it not having been bona-fide used. Held: The Electrolux case did not establish that the mark owner had to establish commercial use on a substantial scale in addition to bona fide use. Section 26(1) … Continue reading Gerber Products Company v Gerber Foods International Ltd: ChD 18 Mar 2002
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Parties appealed from decisions of the Trade Marks Registry, and requested leave to introduce new evidence. Held: It was not agreed what rules applied on appeals under the 1938 Act. The Trade Mark system had public interest effects as well as private law. The rules governing appeals were therefore different from other regimes. The courts … Continue reading E I Du Pont de Nemours and Co v S T Dupont (1): ChD 31 Oct 2002
(Malaysia) In 1972 the appellants were injured by the respondent’s bus. At that time the local limitation period was 12 months. In 1974 the limitation period became three years. The appellants issued a writ in 1975. To succeed they would have to sue under the 1974 Act. Held: The claim was time barred. The respondent’s … Continue reading Yew Bon Tew v Kenderaan Bas Mara: PC 7 Oct 1982
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The claimant asserted that the defendant had infringed its goodwill in the name ‘Hot Picks’ the defendant argued that it was licensed to use the mark by the person who applied for its registration as a trade mark, and that the claim in passing off arose from the defendant’s own illegal act, and should be … Continue reading Inter Lotto (UK) Limited v Camelot Group Plc: ChD 6 Jun 2003
The applicant owned an American Trade Mark in the name ‘Holly Hobbie’. They sought to register the same mark here. Objection was made that the applicant intended to license the use of the mark to others, rather than use it itself, and would this be trafficking in the mark. Held: The appeal against refusal of … Continue reading In Re American Greetings Corporation’s Application: HL 26 Jan 1984
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with that brother to commit burglaries. The juror had sworn an affidavit that … Continue reading Regina v Gough (Robert): HL 1993
