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Beautimatic International Ltd v Mitchell International Pharmaceuticals Ltd and An: ChD 8 Jul 1999

The affixing of a UK Trade Mark to packaging materials in the UK on the basis that the materials were to be exported before being affixed, to goods which outside the UK would not be infringing was not unlawful. Times 08-Jul-1999 Trade Marks Act 1994 10 (4) (a) England and Wales Intellectual Property Updated: 31 … Continue reading Beautimatic International Ltd v Mitchell International Pharmaceuticals Ltd and An: ChD 8 Jul 1999

Rainyseason (Trade Mark: Opposition): IPO 10 Mar 2005

The Hearing Officer commented upon the stylization of the mark as advertised – with a lowercase ‘i’ and noted that this appeared to be at odds with the mark depicted on the application form. However, nothing turned on this point and he treated the mark as the word RAINYSEASON. The opponent (hereafter referred to as … Continue reading Rainyseason (Trade Mark: Opposition): IPO 10 Mar 2005

Mastercard International Incorporated v Hitachi Credit (Uk) Plc: ChD 8 Jul 2004

The claimants challenged award of a trade mark saying they were owners of many marks incorporating the word ‘Master’ associated with credit, and the applicants mark was too similar to its own. Held: Applying Davidoff, the words can also be read as extending to goods or services which are identical with or similar to those … Continue reading Mastercard International Incorporated v Hitachi Credit (Uk) Plc: ChD 8 Jul 2004

Zam-Buk Series of 6 (Trade Mark: Opposition): IPO 21 Oct 2008

IPO The opponent in these proceedings claims to have used the mark ZAM-BUK for ten years prior to the filing of the application in suit. The background to the proceedings is as follows. ZAM-BUK is a traditional antiseptic ointment which was made and sold in the UK for over 100 years. The product was made … Continue reading Zam-Buk Series of 6 (Trade Mark: Opposition): IPO 21 Oct 2008

Harrison v Teton Valley Trading Co; Harrison’s Trade Mark Application (CHINAWHITE): CA 27 Jul 2004

The applicant had been an employee of the objector at their nightclub ‘Chinawhite’ and whose principal attraction was a cocktail of the same name. Employees signed a confidentiality agreement as to the recipe. Having left the employment, the appellant set up a company with a similar name and applied for the mark ‘CHINA WHITE’. The … Continue reading Harrison v Teton Valley Trading Co; Harrison’s Trade Mark Application (CHINAWHITE): CA 27 Jul 2004

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002