Case comments
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No support for decking claim
The Applicant’s evidence was put to the test, writes Dale Carter. O/433/18, G & M Safe Deck Ltd v J. Mac Safety Systems Ltd, UK IPO, 17th July 2018.
Kit Kat closure?
Could this argument go still further? John Coldham considers. C-84/17 P, Société des produits Nestlé v Mondelez UK Holdings & Services, CJEU, 25th July 2018.
Nothing beats a trade mark
Richard May summarises a case that was fast and flurry-ous. [2018] EWHC 1893 (Ch), Frank Industries Pty Ltd v Nike Retail BV and Ors, IPEC, 25th July 2018.
Promising precedent
Earlier decisions can be evidence of reputation, reports Suzan Ure. C-564/16, EUIPO v Puma SE, CJEU, 28th June 2018.
La guerra della moda
A fashion-brand conflict turned on genuine use, bad faith and passing off, reports Jade MacIntyre. [2018] EWHC 1608 (Ch), Walton International Ltd & Anor v Verweij Fashion BV, High Court, 28th June 2018.
A healthy disagreement
Ben Evans reviews a decision regarding overlapping scope. [2018] EWCA Civ 1586, Holland and Barrett International Ltd & Anor v General Nutrition Investment Company, Court of Appeal, 4th July 2018.
The feeling’s not mutual
Heather Williams on why IPEC refused to extend the tort of passing off. [2018] EWHC 1575 (IPEC), The Military Mutual Ltd v Police Mutual Assurance Society Ltd & Ors, High Court, 22nd June 2018.
Adieu to france.com
State symbols were held to be too similar, says Jack Weaver. T-71/17, France.com, Inc. v EUIPO and French Republic, General Court, 26th June 2018.