Resellers need to tread a careful line when using a brand owner’s marks. Use by an independent garage of BMW’s marks crossed the line between informative use (which is permitted) and misleading use (which is not).
In the latest round of the long running skirmish between confectionary giants Nestlé and Cadbury, Nestlé has lost its appeal to secure trade mark protection for the shape of its four-finger Kit Kat bar.
Hotel California, a small but apparently lovely Mexican hotel established in 1950, denies the Eagles’ “baseless” claims it infringes rights in the famous 1976 album and song of the same name.
Aggrieved rights holders' thoughts turn to sharply worded cease and desist notices aimed at stopping infringement or paving the way to court action. Rights holders need to take care before making threats.
In a High Court judgement, a husband’s argument against his former wife receiving half the marital assets has failed and, in doing so, has led to one of the biggest divorce settlements awarded in UK history.
The band allege that the hotel owner infringes its rights through advertising which leads US consumers to believe that it is associated with the Eagles and served as inspiration for the song.
