IP Snapshot - March 2011
TRADE MARKS
Kingspan Group Plc & another v Rockwool Ltd [2011] EWHC 250 (Ch), 21 February 2011
The High Court found that Rockwool had infringed the trade marks of a competitor, Kingspan, by using its marks in a manner which did not comply with the Misleading and Comparative Advertising Directive 2006/114/EC. Some of the tests comparing the two companies' products were misleading and failed objectively to compare relevant features of the products, causing trade mark infringement. The Court rejected a claim for malicious falsehood as malice could not be proved. For the full text of the decision, click here.
Hasbro Inc. and others v 123 Nahrmittel GmbH and another [2011] EWHC 199 (Ch), 11 February 2011
The High Court has upheld the validity of Hasbro's registrations for the mark PLAY-DOH and held that it was infringed by the use of the sign THE EDIBLE PLAY DOUGH in respect of a different brand of modelling clay. The sign had been 'woven' into the fabric of the defendant's brand despite appearing on a different part...
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