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Showing posts with the label descriptive

Trade Marks and Passing off: Match Group, LLC v Muzmatch Ltd

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  Intellectual Property Intellectual Enterprise Court (Mr Nicholas Caddick KC) Match Group LLC v Muzmatch Ltd . [ 2022] EWHC 941 (IPEC) 22 April 2022 This was an action for trade mark infringement and passing off. The claimants are members of the Match Group which operate a worldwide online dating service.  The defendants operated an online dating service for Muslims formerly known as Muzmatch but now called Muzz. The claim was issued in the implementation period after the UK had left the European Union but while EU law continued to apply.  The Match Group complained that Muzz had infringed several of its UK and EU trade marks. The case came on before Mr Nicholas Caddicl QC (as he then was) on 17 and 18 Jan 2022. At para [149] of his judgment of 20 April 2022, the learned deputy judge found that the defendants had infringed the trade marks and were liable for passing off (see Match Group LLC  and others v Muzmatch Ltd and another    [2022] EWHC 941 (IPEC))...

Trade Marks - Re FOOTWARE, Puma SE v Nike Innovate CV

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Author Anthony Appleyard   Licence  CC BY-SA 3.0   Source Wikimedia Commons A   Jane Lambert Chancery Division (Mr Justice Zacaroli) Puma SE v Nike Innovate CV [2021] EWHC 1438 In  Trade Marks - Equisafety v Battle Hayward and Bower   7 Jan 2021 IP Northwest, I discussed Mr Nicholas Caddick QC's judgment in Equisafety Ltd v Battle, Hayward and Bower, Ltd and another [2021] EWHC 3296 (IPEC) (8 Dec 2021) where the defendants counterclaimed for a declaration that the registration of MERCURY for a range of high visibility equestrian products was invalid on the ground that the mark was descriptive. This is another case where the registration of a word mark was challenged on a similar ground. The mark in question was FOOTWARE  and registration was sought by Nike Innovate CV for a wide range of goods and services in classes 9, 38 and 42 relating to computing and telecommunications. The application was opposed by Puma SE on the following grounds: "i) Under ...