Can you trade mark a smell?

Orange background, blue icon representing copyright

There have been several attempts to trade mark a smell but few have succeeded. The issue is how to represent the smell in a manner which conforms with the Trade Mark Act 1994. Specifically, it must clearly and precisely show the subject matter of the smell that is protected so that others can inspect the […]

M&S Sues Aldi again!

Orange background, blue icon representing copyright

Back in April, M&S commenced legal action against Aldi over its Cuthbert the caterpillar cake infringing on M&S’s Colin the caterpillar trade mark. Now, it has been reported that M&S is suing Aldi for design infringement. M&S claims that Aldi’s gold flake blackberry and clementine gin liqueurs are ‘strikingly similar’ to its range of Christmas […]

Abba sues UK tribute act for trade mark infringement!

Orange background, blue icon representing copyright

The Swedish pop band Abba have sued a UK tribute act called Abba Mania for trade mark infringement. The lawsuit states that the “defendants have not obtained written consent from the claimant or any representative of the claimant to use the Abba mark or infringing Abba Mania mark. The goods and services offered by the […]

US Court issues temporary injunction to stop PepsiCo from using ‘Rise’ branding!

Orange background, blue icon representing copyright

Rise Brewing was established in 2014, its sells ready to drink canned coffee and tea-based drinks which are marketed and sold as ‘RISE’. In March, PepsiCo launched a product which uses ‘RISE’ branding on its Mtn Dew Rise energy drinks. Rise Brewing issued a trade mark dispute claim against PepsiCo after failed attempts to resolve […]

Chocolate bar maker threatens legal action against vegan snack maker over packaging colour!

Orange background, blue icon representing copyright

United States firm, Mondelez, the manufacturer of Milka chocolate bars has threatened Primal Pantry, a London based vegan snack maker. Mondelez has instructed Primal Pantry to stop using the lilac packaging on one of its fruit bars. Mondelez stated the packaging “exploits” its trade mark of its Milka chocolate range which uses lilac packaging. Mondelez […]

Australian court states artificial intelligence can be a patent inventor!

Solicitor dressed as a superhero

Stay Legal recently published an article where the England and Wales Court of Appeal upheld a decision which stated that artificial intelligence cannot be a listed inventor on a patent. Stephen Thaler, the CEO of Imagination Engines had applied to list his artificial intelligence machine, ‘DABUS’, as the inventor. The DABUS patent has also been […]

Red Bull has opposed a Bullards trade mark application!

Orange background, blue icon representing copyright

Bullards was established in 1837. It originally made beer and imported sprits and wine. Watneys brewery took over Bullards in in 1963. In 2015 the Bullards name came back when the Norwich based business decided to focus on gin. Red Bull is an Austrian business which was established in in 1987. Bullards applied to the […]

Puma loses appeal against Nike

Orange background, blue icon representing copyright

The decision in PUMA SE v Nike Innovate CV was handed down on 27 May 2021. The England and Wales High Court dismissed Puma’s appeal and upheld the United kingdom’s (UK) Intellectual Property Office (IPO) Hearing Officer’s November 2020 verdict. Nike applied to register the word “FOOTWARE” as a UK trade mark in March 2019. […]

Protecting your intellectual property!

Stay Legal logo Small

Intellectual Property (IP) is something that you create using your mind such as, a symbol, a story, artistic work, or an invention. It needs the right type of protection so that you can prevent others from trying to steal or copy your work. Once protected it can be bought, sold, licenced out and treated as […]