Published September 2018
IP in the news
A surprisingly busy summer of IP. Here is our round-up of the bigger legal headlines.
Switching a swoosh for a square: keep your eye on the ball
Roger Federer switches sponsors from Nike to Uniqlo but iconic “RF” trade mark was not present at his first match of Wimbledon as the ownership rights lay with Nike rather than Federer. Will Federer/Uniqlo pay a hefty price for transfer of ownership?
Fast Fashion: EU-wide
The recent decision in the case of OTB v Zara serves as a useful reminder that an infringement of third party IP rights can result in a claim in the courts in one EU member state for an injunction and damages in all EU countries where the products have been sold.
Nestle loses appeal in “KitKat” case
The Court of Justice of the European Union handed down its judgment on the “KitKat” case, resulting in Nestlé (the maker of the KitKat) losing its EU trade mark for the shape of its chocolate wafer product. The basis of the decision being that Nestlé had failed to provide sufficient evidence that the KitKat shape mark had acquired distinctive character throughout the EU.
Placement of “unhealthy” food advertisements come under heavy scrutiny
A breakdown of several ASA decisions published that highlight the continued focus by the ASA on advertising high fat, sugar or salt products to children.
Fiat Automobiles aims to stop sales of “Jeep-Like” vehicle in US
FCA has filed a complaint with the U.S. International Trade Commission, requesting a ban on a “nearly identical copy” of itst Jeep vehicle by the Indian manufacturer, Mahindra known as the ‘Roxor’, on the basis of trade mark infringement and copying of the Jeep’s trade dress.