Cadbury has lost its Supreme Court battle to register as a trade mark its iconic colour purple (known as Pantone 2685C), ending a 10-year legal battle between Cadbury and its competitor Nestlé. The UK Supreme Court has refused Cadbury’s application to appeal against an October 2013 Court of Appeal decision which ruled in Nestlé’s favour
Google Adwords: Use Of Competitors’ Keywords Is Okay… Sometimes
At the end of last month, the long-awaited judgment in the Interflora v Marks and Spencer case on trade mark infringement as it relates to keyword advertising was delivered by Mr Justice Arnold. The case dates back to 2008, when Interflora brought a case against Marks and Spencer for its purchase and use of the search terms “interflora”
Louboutin Wins Exclusive Right To Sell Its (Red) Sole
In a decision of 5 September 2012, the 2nd US Circuit Court of Appeals in New York ruled that the red soles used in Christian Louboutin’s shoes were a “distinctive symbol that qualifies for trade mark protection” and therefore a valid and enforceable trademark. As background to the case, Louboutin had seen red and
Luxury Brand Protection? Stella McCartney v. the Sanitary Towel
Advertisers have been given the green light to continue to use the name of products they give away as prizes in promotions, without needing the permission of the brand/product owner, following a recent controversial adjudication by the ASA.
The ASA disagreed and found in favour of Bodyform in all respects. Clauses 7.1 (Truthfulness),14.7 (Testimonials and