Paul Kavanaugh

Paul Kavanaugh

Dechert LLP

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The Sofa Workshop v Sofaworks - Intellectual Property Enterprise Court considers requirements for genuine use of a CTM

The UK's Intellectual Property Enterprise Court recently handed down its judgment in The Sofa Workshop Ltd v Sofaworks Ltd. The case highlights the difficulties that the international nature of Community trade marks (“CTMs”)...more

9/30/2015 - Community Trademark EU European Court of Justice (ECJ) Intellectual Property Enterprise Court Jurisdiction Member State Non-Use of Trademarks Passing Off Trademark Infringement Trademark Invalidity Trademarks UK

EU General Court rules on likelihood of confusion between trade marks that use foreign script

The European General Court's decision in Loutfi Management Propriété Intellectuelle SARL v AMJ Meatproducts (Case C-147/14) concerned the use of non-Latin script in Community trade marks (“CTMs”). The General Court held that...more

9/9/2015 - Corporate Counsel EU Likelihood of Confusion Popular Trademarks

New EU Trade Mark Regime to address ECJ's Decision in IP Translator

The European Court of Justice’s June 2012 decision in IP TRANSLATOR changed the way trade mark specifications are interpreted. OHIM’s application of this decision led to inconsistent interpretations of trade mark...more

8/27/2015 - Community Trade Mark Regulation (CTM Regulation) EU OHIM Services Trade Mark Directive Trademark Registration Trademarks UK IPO

Provisional political agreement reached on Reforms to European Trade Mark System

European trade mark reform is an issue that has been the subject of discussions for a number of years. On 21 April 2015, the European Commission announced that the three key institutions of the EU (the Commission, the...more

5/6/2015 - Anti-Piracy EU Trademark Infringement Trademarks

Mattel v Zynga – Court of Appeal rules in SCRABBLE dispute

The English Court of Appeal recently overturned a High Court decision and found that Mattel’s SCRAMBLE Community trade mark is valid and had been infringed by Zynga’s use of SCRAMBLE and SCRAMBLE WITH FRIENDS as signs for...more

4/29/2015 - Likelihood of Confusion Mattel Trademark Infringement Trademark Registration Trademarks UK Zynga

Karen Millen Court of Justice of the European Union Decision

On 19 June 2014, the Court of Justice of the European Union (“CJEU”) delivered a judgment in the ongoing seven-year legal battle between Karen Millen Fashions and Dunnes Stores in Ireland. Background - This...more

7/3/2014 - EU European Court of Justice (ECJ) Fashion Design

UK Moroccanoil Passing Off Claim Fails Against Aldi Lookalike Product Miracle Oil

Moroccanoil Israel Limited (MIL) has lost its claim for passing off against supermarket chain Aldi Stores Limited (Aldi) in the Intellectual Property Enterprise Court. Both MIL and Aldi are retailers of argan hair oil under...more

6/13/2014 - Misrepresentation Patent Infringement Patent Litigation Patents

New '.uk' Domain Names to be Introduced

Nominet, the company that manages the UK domain space, will shortly be introducing .uk domain names. This means that from 10 June 2014 shorter domain names such as will be available for the first time, alongside...more

3/13/2014 - Domain Names Internet UK

Trade Secrets: Proposals to Improve Protection of Confidential Information Across the EU

Proposals have recently been put forward by the European Commission to reform European law on trade secrets by harmonising protection across all EU member states. The proposals are in the form of a draft directive which has...more

2/5/2014 - Confidential Information EU Trade Secrets

Marks and Spencer's use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High...

The UK High Court handed down its judgment in the long running Google AdWords case, Interflora v Marks and Spencer on 21 May 2013. Mr Justice Arnold has found that Marks and Spencer's bidding on various INTERFLORA trade marks...more

5/25/2013 - Advertising AdWords Brand EU Google Infringement Internet Keyword Advertising Third-Party Trademarks

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