Sector: Food and Beverage

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Nestlé vows to battle on after latest Kit Kat blow in the High Court

In the latest development of the long-running dispute over Nestlé's efforts to secure trademark registration for the 'four-finger' Kit Kat shape, the High Court of England and Wales has dismissed the company’s appeal against a UK Intellectual Property Office finding that the mark is devoid of inherent distinctive character and has not acquired such character through use.

20 January 2016

KENZO mark has reputation within the European Union

On December 2 2015 the European Court of Justice issued three decisions in Cases T-522/13, T-528/13 and T-414/13, which all concerned the conflict between trademark applications for KENZO ESTATE, filed by Kenzo Tsujimoto, and the KENZO Community trademark owned by the Kenzo Company.

20 January 2016

Use of ‘Champagne’ in bar name infringes protected ‘Champagne’ designation of origin

The Granada Court of Appeal has upheld a lower-court decision finding that the owner of the Café Jazz La Champagnería had infringed the ‘Champagne’ designation of origin (Appeal 307/2015, October 28 2015).

19 January 2016

Groundbreaking study suggests plain packaging for food could increase consumption

A new study has concluded that plain packaging for food products may reduce an individual’s purchase intent, but could actually lead to increased consumption once a product is purchased or offered. These findings suggest that measures to reduce unhealthy food intake by introducing plain packaging could have “adverse effects”.

11 January 2016

General rules on use and registration of common colour names not applicable to 'indigo'

In <I>Pearl Village Co Ltd v Department of Intellectual Property</I>, the Supreme Court has overturned a judgment of the IP & IT Court and held that the mark INDIGO PEARL was confusingly similar to the registered mark HOTEL INDIGO. Among other things, the Supreme Court held that the general rules applicable to the use and registration of common colour names such as red and black did not apply to the colour indigo.

05 January 2016

Starbucks regains rights in STARBUCKS through legal process

Starbucks Corporation has successfully cancelled a Russian registration for a trademark similar to its famous STARBUCKS logo mark, which was registered by an unconnected Russian entity. Since the unauthorized registration of trademarks is common in Russia, this case is of importance to trademark owners as it demonstrates that it is possible to cancel marks through the legal process without having to deal directly with the registrant.

09 December 2005

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