TUESDAY, 26 OCTOBER 2010
Latest ETMR now published
The November 2010 issue of the European Trade Mark Reports (ETMR), published monthly by Sweet & Maxwell, carries the full texts and headnotes of six cases, including The Butler's Pantry v The Irish Chocolate Company, an opposition in which the Irish Patents Office ruled that the word "Butler", depending on its context within a trade mark, might be either a surname or a profession. Also of interest is the Court of Appeal for England and Wales ruling in Diageo v Intercontinental Brands, where an extended form of the common law tort of passing off enabled a trader in vodka to prevent the sale of a product branded as VODKAT but which did not fulfil the criteria for being described as vodka, where there was a likelihood of confusion.
Posted by: Jeremy Phillips @ 05.55