Posts from ‘Britain: Trademarks’
In Lucasfilm Ltd. v. Ainsworth [2009] EW Court of Appeal Civ 1328 (16 December 2009), on an appeal from the Chancery Division, the Court of Appeal (Court of Appeal) rejected the Plaintiff-Appellant Lucasfilm’s appeal in respect of copyright non-infringement and of the lack of enforcement of a US judgement in the UK. Defendant-Respondent Ainsworth cross-appeals the decision to enforce the US copyright.
In the course of making the first Star Wars film paintings and drawings were produced showing “stormtroopers” in their helmets and armour as well as a clay model of a stormtrooper helmet. Ainsworth was asked to produce a plastic version based on the clay model and created a sculpted version incorporating his own improvements. Ainsworth subsequently made and sold copies of the helmet. After trial in the Chancery Court (CC) Lucasfilm had obtained a default judgment for trade-mark and copyright infringement in California against Ainsworth in the sum of $20M (US) and was granted an injunction preventing Ainsworth from advertising the identified props in, or sending them to, the US. Continue Reading
In Sun Microsystems v… M-Tech Data & Anor [2009] EWHC 2992 (Pat) (25 November 2009), Chancery Court (“CC”), the Court had to rule in respect of an application for a summary judgment in an action for infringement of a registered trade mark which concerns parallel imports into the European Economic Area (“EEA”). The claim was brought by U.S. corporation Sun Microsystems which makes and sells computer systems and workstations and other related goods and services (“Sun”), and which is the registered proprietor of a series of U.K. and Community trade marks comprising or consisting of the word “Sun”… Continue Reading
In Wella v OHMI (TAME IT) [2009] EUECJ T-471/07, the Court of the First Instance (CFI) upheld the decision of the second board of appeal of OHIM (“the Board of Appeal”) in part, refusing to grant territorial extension to the European community of the protection of the mark “TAME IT” in respect of essential oils, cosmetics and hair lotions.
The CFI found Article 149(1) of Council Regulation (EC) No 40/94 on the Community trade mark (“the Council Regulation”), as amended by Article 154(1) (“the Amended Council Regulation”) provides that international registrations designating the European Community are to be subject to examination as to absolute grounds for refusal in the same way as applications for Community trade marks. Continue Reading
In American Clothing Associates v. OHIM [EUECJ] C-202/08 (16 July 2009) the Court of the First Chamber (“First Chamber”) dismissed an appeal brought by American Clothing Associates NV (“American”) and upheld the decision of the First Board of Appeal of OHIM (“OHIM Board”) rejecting an application for registration of a sign representing a maple leaf as a Community trade mark as an imitation of the Canadian emblem. The First Chamber’s decision was in response to appeals by both parties, as joint cases C-202/08 P and C-208/08 P, and set aside the split judgement of the Court of the First Instance (CFI) (Case T-215/06 American Clothing Associates v OHIM (Representation of a maple leaf) [2008] ECR II-303 (“the judgement under appeal”).
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