Source: RPC London via the International Law Office June 13 2016
This article may be of passing interest to those of us that deal with the transfer pricing of IP as it involves the intricacies of a trademark dispute and the registration of “series marks”, plus it’s a David & Goliath story where David seems to have come out on top again.
The UK Court of Appeal recently ruled on an outstanding aspect of the appeal brought by Twentieth Century Fox in the ‘Glee’ trademark dispute. The issue had the potential to have much wider implications for UK trademarks since it relates to the compatibility of Section 41 of the Trademark Act 1994 – which allows the registration of series marks – with EU law.
The Court of Appeal’s confirmation of the legality of Section 41 of the Trademark Act will come as a relief to owners of series marks. Provided that such marks are sufficiently similar to meet the qualifying conditions set out in Section 41 of the Trademark Act, they are individually entitled to the protection afforded to every trademark under EU law; and being able to register and renew such marks as a series provides administrative cohesion and consolidation.