Category Archives: Trade Marks

Does Trade Mark Law Really Stop Us from Telling The Truth? L’Oréal v Bellure

“The problem, stated at its most general, is simple. Does trade mark law prevent the defendants from telling the truth? Even though their perfumes are lawful and do smell like the corresponding famous brands, does trade mark law nonetheless muzzle the defendants so that they cannot say so?”
Lord Justice Jacob, L’Oréal v Bellure paragraph 6 Continue reading

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Posted in Comparative Advertising, Passing-off, Trade Marks | Leave a comment

Trade Marks: Firecraft – a Cautionary Tale and More Work for the IP Bar

In Evans and another v Focal Point Fires Plc [2009] EWHC 2794 Mr. Justice Peter Smith granted summary judgment to the claimants in a claim for passing off. The claimants, who had sold fire surrounds in partnership under the name … Continue reading

Posted in abuse of process, Fiirecraft, issue estoppel, res judicata, TPN 6/2009, Trade Marks | Leave a comment

Trade Marks: Daimler AG v Sany Group Company Ltd

In Daimler AG v Sany Group Company Ltd [2009] EWHC 1003 (Ch) (14 May 2009) the registered proprietor of the following marks  sought injunctions and other relief against Sany Group Co. Ltd. in respect of its use of the following sign: … Continue reading

Posted in Dailer, Sany, summary judgment, Trade Marks | Leave a comment

Trade Marks and E-Commerce: L’Oreal and Interflora

Over the last few months there have been a spate of claims by luxury goods manufacturers against eBay. In RG 07/11365 L’Oréal SA c eBay France SA in which the Tribunal de Grande Instance of Paris dismissed trade mark infringement claims by L’Oréal against … Continue reading

Posted in e-commerce, eBay, in-line auction, Interlora, L'Oréal, Marks and Spencer, Trade Marks | 1 Comment

Trade Marks and Passing Off: Tubzee Ltd. v Saffron Foods Ltd.

Because  it was tried by John Behrens in Leeds I have blogged Tubzee Ltd v Saffron Foods Ltd. [2008] EWHC B15 in my IP Yorkshire blog. This was a trade mark infirngement and passing off case between two Halifax kulfi makers.  There is … Continue reading

Posted in Behrens, Leeds, Passing-off, Saffron, Trade Marks, Tubzee | Leave a comment