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Trade mark cluttering

The Intellectual Property Office (IPO) recently commissioned a report on trade mark cluttering at the IPO and the European trade mark office (OHIM). Trade mark cluttering refers to when trade mark owners hold trade marks that are overly broad or … Continue reading

Email chains can create enforceable guarantees

The Court of Appeal confirmed the High Court’s ruling that a series of e-mails may constitute an enforceable guarantee if authenticated by the online signature of the guarantor. In Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd and … Continue reading

Challenging three dimensional trademarks

A recent OHIM case serves as a reminder that one might consider the technical restrictions in a given field before challenging another three dimensional trademark. Tea manufacturer Tea Forte Inc. appealed to OHIM (under Article 53(1)(a) in conjunction with Article … Continue reading

Marketing restrictions around the 2012 Olympics given legislative force

This year’s Olympic and Paralympic Games are set to take place in London. Official sponsors and other partners will have invested vast sums for the privilege of association. Some brands view these high profile events as an opportunity to generate … Continue reading

Commercial TV versus online third party broadcasters

The recent case of ITV Broadcasting Ltd and others v. TV Catchup Ltd illustrates the current legal uncertainty in relation to online broadcast of third party output. The defendant (‘TVC’) operates a website at www.tvcatchup.com, which streams UK television to … Continue reading