The London Taxi Corporation Ltd v Frazer-Nash Research Ltd and Ecomotive Ltd [2016] EWHC 52 (Ch)

High Court of England and Wales: The London Taxi Corporation Ltd v Frazer-Nash Research Ltd and Ecomotive Ltd [2016] EWHC 52 (Ch)

Case No: HC-2014-002085

Chocolate bars and London cabs

 

Nikoletta Martzivanou

 

Four months after the Court of Justice of the European Union (CJEU) gave its ruling on the KitKat shape, the referring judge, Mr. Justice Arnold of the High Court of England and Wales, with decisions of the same day (both judgements are dating 20 January 2016) held both Nestle’s KitKat chocolate bar as well as London cabs (of the London Taxi Corporation) as devoid of distinctive character. From chocolate bars to London cabs –it’s all about that shape.

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European Union Plant Variety Protection - Gert Würtenberger, Paul van der Kooij, Bart Kiewiet, Martin Ekvad

New Book – European Union Plant Variety Protection – Second Edition

 

Gert Würtenberger, Martin Ekvad, Paul van der Kooij, Bart Kiewiet

For more information visit OUP – Oxford University Press website
 

Description

 

This book is an invaluable and practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94 and how it enables European breeders to protect new varieties of plants with a tailor-made intellectual property right. It combines a comprehensive explanation of the system with clear guidance on the law in practice, including how to obtain plant variety protection and how to enforce rights to that protection. It analyses the interrelation of plant variety rights with other IP rights, and provides guidance on the appropriate form of protection, considering the strengths and weaknesses of the system. The book also features time-saving references for further information on national, Community and international plant variety protection and enforcement.

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Federal Supreme Court Judgement - Gelbe Wörterbücher [Yellow Dictionaries]

Federal Supreme Court Judgement of 18 September 2014 – I ZR 228/12 Gelbe Wörterbücher [Yellow Dictionaries]

Gert Würtenberger

 

Legal Context

The importance of colours as indications of origin may be measured by raising a number of issues, not only to be dealt with in CTM application proceedings but also on the national level through an increasing number of infringement proceedings, very often connected with invalidation applications against colour registrations on which infringement claims have been based.

 

In proceedings for preliminary ruling, Libertel (CJEU, 6 May 2003 – C-104/01) and Heidelberger Bauchemie (CJEU 24 June 2004 – C-49/02), the court confirmed that colours are open to trade mark registration but expressed doubts as to their inherent distinctiveness if specific circumstances are not given. More recently, the German Federal Patent Court asked the CJEU to provide guidance on the requirements to be fulfilled by a colour trade mark for secondary meaning to be acknowledged (CJEU – 19 June 2014 – C-217/13 and C-218/13 – Sparkassen Rot).

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