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商标
品牌名称和标识可能是公司拥有的一些最有价值的资产。消费者将其视为高质量或卓越声誉的标志，因此保护其免受他人使用相同或类似商标的侵害至关重要。施利希协助客户为其名称和标识获得商标保护，并使用其注册商标来保护客户通过大量投资而获得的商誉。从备案前检索到维护和强制执行，施利希随时为您提供所有商标的法律需求服务。
在一个日益国际化的世界中，全球商标保护变得越来越重要。 施利希律师不仅在英国，而且在国际上（包括欧洲、美国和中国）都有获取和执行商标注册的经验。 值得特别强调的是，我们的律师不但在英国知识产权局的诉讼具有很强的专业能力，同时也携手与其他司法管辖区的商标律师密切合作，共同解决国际商标纠纷。
近期案例解析
阅读来自施利希团队最近与商标相关的案例解析和商标法的最新动态。
Highstreet Wars: From Portobello Road Market to the High Court
Two Portobello Road Market traders battle it out in the High Court for the rights to the brand, “The Notting Hill Shopping Bag.” The decision of the court serves as a cautionary tale of the importance of protecting intellectual property rights when dissolving or transferring a company.
Supreme Court Provides Reality Check on Post Sale Confusion
Can the way a logo appears on a pair of football boots lead to trade mark infringement? The answer to this question and further clarification on the concept of “post-sale confusion”, was provided in Iconix v Dream Pairs, a case that recently reached the UK Supreme Court. In its judgment, the Court offered long-awaited clarification on whether a likelihood of consumer confusion must arise at the point of sale, or whether confusion occurring later, such as when a logo is seen on the side of football boots from the sideline of a football pitch, can also be relevant in determining infringement.
Mind the Gap (between Prior Agreements and New Trade Marks)
A recent UKIPO Decision, between Transport for London and high street fashion retailer, GAP, regarding the renowned London Underground catchphrase “MIND THE GAP” has highlighted the importance of ensuring that prior agreements are adhered to when filing new trade mark applications.
Winter Came for Game of Döner: Game of Thrones Prevails in Trademark Battle
Not even a spicy kebab twist could hold off the winter for Game of Döner — Game of Thrones made sure Game of Döner bent the knee.
Take Aways from the Takeaway Decision – The Average Consumer Never Gets Drunk!
In a recent decision, the UK’s Court of Appeal has considered the correct approach to characterising the average consumer when assessing trade mark infringement. The decision confirms the average consumer should ideally be characterised as a single class of individuals, rather than divided into groups. The decision also highlights the legal fiction that the average consumer is reasonably well informed and circumspect and thus, by definition, cannot ever be someone who is intoxicated.
“A Single Piece of American Cheese” Leading the Way to Change at the US Copyright Office
The US Copyright Office takes a step forward in acknowledging the copyrightability of AI-generated works with their recent decision to register “A Single Piece of American Cheese”
AI is not a suitable IP representative….yet
In a recent trade mark opposition in Benelux, the opponent appointed ChatGPT as their representative, which did not go to plan.
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