Kuits’ Groundbreaking Cases

04-Jul-2011 Our Intellectual Property Team has been involved in 2 high profile cases, both of which have been reported in this month:

• The first case concerns what is permissible to include in a letter of claim in a trade mark action - when is it without prejudice, and when is it a threat? The case, which will need further legal review also deals with the extent of the exclusions of making threats under section 21 Trade Marks Act 1994.

• Secondly, we have just succeeded in a case preventing unlawful importation of goods contrary to the trade mark owner’s rights. There is nothing new in that, but what is new is that one of our client’s, which for part of the time had an oral as opposed to written licence, was entitled to sue with the consent of the trade mark owner because of the Court’s ruling on the application of article 16 of the Community Trade Mark Regulations.

To speak to us regarding any Intellectual Property issue contact Ian Morris

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