FRIDAY, 23 JANUARY 2009
The February 2009 issue of the European Trade Mark Reports, published monthly by UK-based publishers Sweet & Maxwell, has now been released, more than a week ahead of its cover date. Cases in this issue, which are reported in full and with helpful introductory headnotes, include:
* R v Boulter (Court of Appeal, England and Wales): in a criminal prosecution for 'double identity' trade mark infringement, it is no defence that the reproduction of the infringed marks is of such poor quality that consumers would not be deceived;If you would like to receive an inspection copy of the European Trade Mark Reports, please email Jo Slinn who will be delighted to provide you with one.
* Irish Distillers Ltd v Cooley Distillery plc, High Court of Ireland: infringement action involving whiskey label trade marks destined for export to Russia -- raises interesting issues concerning confusion among Russian consumers;
* Perfume Tester bottles, Bundesgerichtshof, Germany: does exhaustion of rights prevent the owner of a perfume trade mark suing sellers of tester bottles that are given away on the understanding that they are not for resale?
The February/March issue of the bimonthly World Trademark Review is positively awesome. Published by Globe Business Publishing, this issue is 92 pages long and packed with interesting features. For the European reader, there are reviews of the European Court of Justice ruling in Intel, the Court of First Instance's stance on service marks in relation to signs containing national emblems, an update on the latest developments in the Battle of the Buds and a review of the current state of trade mark practice in France. You can peruse the contents of this issue in full here.
The December/January issue of Trademark World, published ten times a year by Informa Law as part of its IP World suite of journals, also has plenty to interest the European trade mark expert. There's an introduction to the new UK regime on company name protection, a discussion of the Court of First Intance ruling in the ARMAFOAM/ NOMAFOAM dispute, plus some guidance on the buying and selling of household brands. Best of all, there's a jolly good analysis of the current case law that determines whether marks are similar and, if so, how similar.
You can check out the contents of this issue here.
Posted by: Jeremy Phillips @ 05.57
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