Bill Ladas, Author at King & Wood Mallesons Pulse

Happy Quiche and Happy Sandwiches survive opposition from McDonald’s Happy Meal

8 May 2014

We’ve all had one. A Happy Meal that is. Some of us might have continued to buy them in circumstances that might not be considered “age appropriate”, but there’s no shame in that.

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HOME MAID troubles before Appointed Person – material differences between registered mark and mark as used scupper another opposition

7 May 2014

By Bill Ladas

Decisions from the Appointed Persons of the UKIPO have won a special place in our hearts here at KWM. While we can’t always agree on the outcome, the level of analysis and sheer common sense displayed is often a breath of fresh air (unsurprising given the calibre of those that are or have been APs), and these decisions deserve more publicity.

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Using your trade marks in colour? Act now to confirm appropriate coverage in the UK and Europe for your valuable brands

17 April 2014

By Bill Ladas

IP practitioners have heard it all when it comes to rules of thumb. The infamous “10 percent rule” immediately springs to mind

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Pushing the boundaries of trade mark law (Part 1) – The Glee Club v Glee and “wrong way around” confusion

4 April 2014

By Bill Ladas

Well, fans of hit TV show GLEE will be rocked by the recent decision from Roger Wyand QC (sitting as Deputy Judge of the UK High Court)

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BPI’s Fragrance bottle shape mark rejected – but how different is distinctive enough?

14 March 2014

By Bill Ladas

The fragrance industry isn’t just about smelling good and paying people to take most of their clothes off and spray you with something as you walk by.

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No surprises? Keds’ side by side two stripe position mark rejected by OHIM’s Board of Appeal

5 March 2014

By Bill Ladas

Following hot on the heels (no pun intended!) of the decision of the Federal Court of Australia in adidas v Pacific Brands in Australia last year (in which KWM acted for adidas, here), position and logo marks in the fashion space are really hitting the headlines again in 2014.

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Not Your Daughter’s Jeans – Chances of registering a position mark slimmer in New Zealand as compared to Australia. But should they be?

19 February 2014

By Bill Ladas

First there were corsets, then shaping underwear (Spanx, anyone?) and now slimming jeans. Often these garments are hidden from view, but the consumer knows exactly what they are looking for leading up to and beyond the point of sale.

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Give me a break – Kit Kat reference setting the bar too high on factual distinctiveness for shape marks?

17 February 2014

By Bill Ladas

Before we hit the law-talking stuff, I’ll declare an interest: I’m a bit of a fan of the Kit Kat.

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Ungentlemanly conduct? Jack Wills v The House of Fraser in battle of British bird brands

6 February 2014

By Bill Ladas

In Jack Wills Ltd v House of Fraser (Stores) Ltd EWHC 110, Arnold J has held that House of Fraser’s use of a pigeon logo on clothing products infringes Jack Wills trade mark registration for its Mr Wills logo.

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Coca-Cola v PepsiCo in New Zealand – infringement action based on contour bottle mark registrations fails

4 February 2014

By Bill Ladas

New Zealand’s High Court has dismissed trade mark infringement claims levelled by Coca-Cola against Frucor, bottler/distributor of PepsiCo products in NZ

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