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Now in its twelfth 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.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
Fidel Porcuna
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Markku Tuominen
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Something to read this weekend?
The April 2012 issue of the European Trade Mark Reports (ETMR), published monthly by Sweet & Maxwell, contains English-language reports, together with informative headnotes, of recent decisions from national and EU courts and intellectual property offices.  This issue leads with reports of two Court of Appeal cases from England and Wales:

* WHG (International) Ltd and William Hill Plc v 32Red Plc, an unusual case in which infringement and validity issues were at stake in regard to a trade mark consisting of a number, 32, in the market for the provision of online gambling services;

* Specsavers International Healthcare Ltd v Asda Ltd, in which the court was required to rule on whether the policy of Asda -- Walmart's UK arm -- of "living dangerously" by modelling its own optician service so closely on that of leading high street chain Specsavers that it intended just not quite to infringe -- was sufficient to escape liability on the facts of this case.

The March issue of Informa's Intellectual Property Magazine has now been published. This issue contains an interesting speculative piece by a trio of Mills & Reeve authors, Alasdaire Poore, Richard Plaistowe and Leanne Gulliver, on what might be the possible legal consequence for the Community trade mark if the United Kingdom were to leave the European Union. While this article is UK-centric, the same question can be asked of any other Member State. 

I've also received a new book, Trademark Surveys: a Litigator's Guide, by James T. Berger and R. Mark Halligan.  From the authors' names one can easily guess that this is a book on US law. This is indeed the case.  Published by Oxford University Press, this volume is unashamedly American in its focus.  The word "European" is not found in its index and the "International" only appears in relation to a litigant, the International Order of Job's Daughters.  The book's domestic focus should not however be seen as a weakness; rather, it reflects the depth and variety of the American experience of trade mark surveys -- a subject which is treated with disdain, dislike and occasionally disbelief by many in Europe. There are lots of good insights and observations in this book which will benefit the European practitioner who is either seeking to prove his client's case or to disprove that of his adversary.
Posted by: Blog Administrator @ 12.39
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