ARTICLE · 29 APRIL 2009

IP Snapshot - April 2009

CMS Cameron McKenna Nabarro Olswang

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The High Court (Divisional Court) allowed an appeal by a trading standards authority, ruling that a market trader had not established a defence to the criminal offence of trade mark infringement under section 92(5) of the Trade Marks Act 1994 (TMA).

United KingdomIntellectual Property

Isabel Davies

Tom Scourfield

Bringing you monthly news of key developments in intellectual property law.

TRADE MARKS

Application to register PICASSO and opposition no. 94853, 26 February 2009

A hearing officer has dismissed the Picasso estate's opposition to an application by Manders Paints Limited to register PICASSO for paints in class 2.

For the full text of this decision, click here.

Essex Trading Standards v Wallati Singh [2009] WLR (D) 81, 3 March 2009

The High Court (Divisional Court) allowed an appeal by a trading standards authority, ruling that a market trader had not established a defence to the criminal offence of trade mark infringement under section 92(5) of the Trade Marks Act 1994 (TMA). The market trader failed to show that he had objectively reasonable grounds for believing that the goods were genuine. This illustrates the near strict-liability nature of the offence under section 92 of the TMA, as the circumstances in which the defence under section 92(5) might be

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