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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  FRIDAY, 26 JUNE 2009
The function of a trade mark: first Laddie lecture

On 16 June Lord Hoffmmann, who recently retired as a Lord of Appeal in Ordinary (Law Lord) in the United Kingdom, delivered the Sir Hugh Laddie Lecture: "The Function of a Trade Mark -- Hugh Laddie and the European Court of Justice". In this lecture the distinguished appellate judge reflects on the contribution made to European trade mark law by the late Sir Hugh Laddie.


In surveying Sir Hugh's leading cases, including Wagamama, Davidoff I, Arsenal and Boehringer Ingelheim, Lord Hoffmann focuses on Sir Hugh's belief that the key function of a trade mark is to act as a badge of origin. Lord Hoffmann concludes with the prediction that European trade mark lawyers may yet come to adopt Sir Hugh's approach.

IBIL (the Institute of Brand and Innovation Law, University College London) has kindly made this lecture available as a podcast/vodcast here.

Posted by: Jeremy Phillips @ 10.55 
Tags: function of a trade mark, Sir Hugh Laddie lecture,

 

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The Class 46 archive


+ 2013
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- 2009
     + December (44)
     + November (55)
     + October (49)
     + September (48)
     + August (39)
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     - June (54)
A stroll down airline logo lane
Poland: The Bears that went to court
Coty 'perfume tester' reference: the big question
Plan to visit Switzerland? Better leave your fake Rolex at home
Finland: Centralization of IPR litigation
Poland: another case on non-use of a trade mark
Reader survey on the redesign of Alicante News
The function of a trade mark: first Laddie lecture
Imagination loses "acquired distinctiveness" appeal
France: L'Oréal and eBay will meet again, for mediation and before the court of appeal
Don't mess with Ferrari
Greek court refers PDO questions to ECJ
Public consultation for a new Domain Name Regulation in Greece
Louis Vuitton drops claim against seller of fake handbag
Trade marks, social responsibility and fair trade
A hesitant rejection of a domain name complaint by WIPO
It pays to be a (trade mark) bully
Poland: differences between business reputation and trade mark
Swiss IPO to increase filing fee by 57% beginning of 2010
Top ten trade mark representatives in Switzerland
The CSC list: is there a European Union equivalent?
Alicante News No 6/09 - Focus on Greece
Trade mark fee reduction for Hungary
France: INPI annual report for 2008
Nutritional supplements: is Class 5 their natural home?
Geographical indications: the WIPO Symposium
Latest European GI news
British Brands Group wants your views
ECJ judgment in L'Oréal/Bellure
"JUST SKIN" rejected as descriptive and lacking distinctiveness for cosmetics
Poland: frascinating frappe facts
PharmaResearch appeal fails
No confusion about soups, says Swiss court
Latest European appellations now registered
Madrid fees for applications designating the EU
Spanish Trade Mark Office dennounces (very) fake demand letters.
Last-minute win for Lastminute.com
Finland: Case update
ECJ rules on 'bad faith' factors in chocolate bunnie dispute
No hole in the Hedge: earlier mark sees off rival
Spanish cheese heads for protection, but are the defining terms too vague?
Shapes that made it, and those that didn't
Trade Mark Treat of the day: DONALD DUCK
Spain: on trade marks, geographical indications and wine (again!).
Court of First Instance rules on material date for the examination of an absolute ground for invalidity
Some data on 3-dimensional trademarks in Switzerland
Amendments to OHIM's Manual of Trade Mark Practice
Lessons from brand history – evolution of the Kellogg’s corn flakes packet
Finland: Cake Fight Cease Fire?
Spain - When it comes to prosecute cybersquatting, better rely on trade marks.
Calvi isn't Yukon, says Swiss Supreme Court
Milk battles before the CFI
Estonian courts can invalidate opponent's mark even in the absence of a request
DER ROTE BARON not use of RED BARON mark
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