Tuesday, August 25, 2009
Trade Marks Act 1994 & evidence in all legal proceedings The UK's legislation does provide that the registration of a person as proprietor is prima facie evidence in all legal proceedings. Section 72 of the Act is as follows: 72 Registration to be prima facie evidence of validity In all legal proceedings relating to a registered trade mark (including proceedings for rectification of the register) the registration of a person as proprietor of a trade mark shall be prima facie evidence of the validity of the original registration and of any subsequent assignment or other transmission of it.
Friday, August 21, 2009
NUDE v. STELLANUDE Nude Brands Ltd. launched a court infringement action against Stella McCartney Ltd. and others recently. They wanted to stop the launch of a range of perfume products under the trademark STELLANUDE, because the NUDE brand was a registered trademark for similar goods. Celebrities named in the background were Alli Hewson, wife of Bono of U2 fame, and Stella McCartney, of the well-known McCartney clan. The judge, Justice Floyd, would not grant a temporary injunction pending the full hearing at the High Court in London. The fumes continue.