Trade Mark Infringement

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Alice Chaplin

No doubt the famous fictional detective would have been only too happy to lend his detective skills to get to the bottom of the copyright infringement case brought by Arthur Conan Doyle’s estate against, amongst others, Netflix and the producers of the recent Netflix film, Enola Holmes. The case was dismissed in December, presumably because the parties reached a settlement, although this hasn’t been confirmed.

Background

For those who haven’t yet worked their way through all of Netflix’s recent releases, ‘Enola Holmes’ is a film based on a book by Nancy Springer, and centres around the teenage sister of the famous detective, as she goes to London in search of her mother who has disappeared.

The film was released in September 2020, but three months before that, the Conan Doyle Estate (CDE) issued legal proceedings in the USA against, amongst other defendants, Nancy Springer, Netflix and the producers of the film, for (i) copyright infringement in relation to the film’s depiction of Sherlock Holmes, and (ii) trade mark infringement in relation to the use of the ‘Holmes’ name in the film’s title.Continue Reading Sherlock Holmes and the copyright infringement claim

Alice Chaplin

The Court of Justice of the European Union (CJEU) has made an important ruling for brand owners, online marketplaces and retailers alike, in finding that Amazon is not liable for unwittingly stocking trade mark infringing goods on behalf of third party sellers.
Continue Reading E-commerce operators not liable for trade mark infringement for mere storage of infringing goods

The Irish High Court has issued a significant decision in Aldi Stores (Ireland) Limited & anor v- Dunnes Stores (No.2) [2015] IEHC 551holding that a plaintiff is entitled as of right to an injunction where a trade mark is infringed in the course of a comparative advertising campaign even where the advertising campaign in question has ended. The defendant has indicated that it will be appealing the finding of liability made by the court. Continue Reading High Court grants injunction prohibiting further trade mark infringement in relation to advertising campaign which has ended.

Canadian electronic DJ Deadmau5 (real name Joel Zimmerman) is currently locked in a heated trade mark dispute with entertainment Goliath Disney.

Zimmerman performs his shows while wearing a cartoonish oversized mouse mask with even more cartoonish oversized rounded ears. This symbol, which has been dubbed "Mau5head", also appears on his range of clothing and accessories, including everything from cups to USB keys. Deadmau5 and his Mau5head are recognised and followed by millions world-wide. In June 2013, Zimmerman sought to cement his creation by applying for trade mark protection with the US Patent and Trademark Office.

Disney, fearing that its own intellectual property was…

Continue Reading Of Mice and Men

A singer/songwriter is suing RTÉ and comedian Andy Quirke for alleged trade mark infringement over their use of the name, ‘Damo’ in a TV show.

According to the Irish Patents Office, Dubliner Damien O’Regan registered the name ‘Damo’ in relation to entertainment services, music and lyrics he provides. Mr O’Regan told the High Court that the use of the name Damo is a clear breach of his trade mark and said he had not given his consent for its use by Mr Quirke. Continue Reading What’s in a name? Singer sues RTÉ for use of his name