Intellectual Property: Top Insights

As the year draws to a close, we look at some of our most-read Intellectual Property insights and highlight the issues keeping clients busy right now.

Aldi Found Liable for Trade Mark Infringement in Packaging Case

We previously reported on a UK High Court ruling which found that Aldi’s Taurus Cloudy Lemon Cider did not infringe or pass off Thatchers' competing cider product.

The UK Court of Appeal has now overturned that decision. In holding Aldi liable for trade mark infringement, the Court reached a similar outcome to the UK Court of Appeal decision last year in the case of Marks and Spencer v Aldi in finding IP rights are infringed in copycat packaging cases. Although the latter was a case involving design rights as opposed to trade marks, these recent cases from the UK Superior Courts indicate a growing trend towards copycats being held liable where their products and designs stray too close to the IP rights of household brands.

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EU General Court Notes Short Jingle is a Trade Mark

The EU General Court has made a notable determination when it considered the distinctiveness of a trade mark application for a short jingle. Although historically sounds have not been regularly registered as trade marks in the EU, this most recent update suggests short and simple sounds are capable of protection.

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Influencers and Brand Protection: Navigating the Legal Landscape

Influencer marketing in Ireland is growing fast but also brings legal and reputational risks. CCPC compliance notices show brands need contracts setting out compliance and disclosure obligations. IP ownership should also be addressed. Ongoing content monitoring and strong crisis plans are essential to protect brand reputation.

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Crayola Successfully Trademarks Scent of Colouring Crayons

Smell marks are relatively uncommon but recently, Crayola and Play-Doh have successfully registered their well-known scents.

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Irish Court of Appeal Rules Against Diesel in Trade Mark Dispute

A 30 year long legal dispute about ownership of the DIESEL trade mark for jeans in Ireland has recently been decided by the Irish Court of Appeal. Read our analysis and insight from our award-winning Intellectual Property team on the likely impact on brand owners in the fashion sector.

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For more information and expert advice, contact a member of our Intellectual Property team.

This content is provided for information purposes only and does not constitute legal or other advice.