What to expect from environmental law in 2023
In this article, we look ahead to six key areas of development in environmental law and policy expected in 2023
02 February 2023
The Next Step: Civil Aviation Authority launches next phase of consultation on ATOL reform
In this article, we consider the response to the CAA’s initial consultation and the CAA’s next phase of consultation
07 February 2023
So your insurance policy completely excludes pollution risks? You might want to look at your policy a little more closely
The Court of Appeal re-affirms that exclusions are not automatic blanket exceptions to all cover: careful analysis of the wording and the cause of a loss can yield surprisingly good results for policyholders (Brian Leighton v Allianz)
17 January 2023
EUIPO provides further guidance on "evergreening" and bad faith following MONOPOLY
Re-filings of identical trade marks are legitimate, but if the purpose is to avoid the consequences of the non-use of the earlier identical registrations, bad faith may be indicated
07 June 2022
Residual goodwill cannot save TRU Kids Inc from losing opposition to rival mark
TRU Kids Inc. loses its Section 5(4)(a) opposition to the mark GroceriesRus for a groceries delivery service notwithstanding a finding of residual goodwill in the TOYS R US brand
07 June 2022
QUIZ v QUIN: considering conceptual, visual and aural similarities in trade marks
A strong conceptual meaning can trump significant visual and aural similarities and result in no likelihood of confusion, even when dealing with identical goods
23 July 2021
Swatch successfully appeals Apple UK bad faith parody claims
The UK High Court held that harmless or amusing parody per se is not an inherently dishonest practice leading to a finding of bad faith, if it is not offensive
28 July 2021
UKIPO refuses NORTON MOTORCYCLE RACING trade mark application
The opposition was upheld based on direct confusion, likelihood of passing off and bad faith, but the opponent’s claim to detriment to reputation was rejected
07 February 2022
Reputation alone insufficient to support trade mark opposition in Puma v DN Solutions (T-4/22)
Even public awareness of a trade mark’s reputation may not be enough to establish the mental ‘link’ needed for a reputation-based opposition
27 January 2023
Nike successful against Puma in 'FOOTWARE' trade mark opposition dispute in the High Court
The High Court has confirmed that FOOTWARE is not descriptive, non-distinctive or generic for goods and services in the technology and communications classes
16 July 2021
When is a slogan a trade mark?
The General Court of the EU examines the minimum degree of distinctive character required for a mark consisting of a slogan to be accepted as an EU trade mark
12 February 2021
Clothing trade marks reach new peaks
In mid-2021, the plight of a small Welsh clothing company was reported on by various news outlets
06 May 2022