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The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has upheld a decision in favour of the footwear and sportswear brand Hummel, in a revocation action brought by the exercise brand Barry’s Bootcamp, with use of a black figurative mark on a white background being successfully proven through reliance on evidence which included use of the mark in alternative colour ways.
The well-known whiskey company, Jack Daniel’s, has failed in its recent attempt to oppose a UK trade mark application for the mark JACK & VICTOR (the application), filed in respect of the whisky brand of the same name, which takes its name from the main characters in the popular Scottish sitcom “Still Game”. The background Greg Hemphill and Ford Kiernan are directors of Jack & Victor Ltd (the applicant) and are also the lead actors in Still Game.
UK and EU registered designs At least in the UK and many parts of Europe, such as the EU, a design registration can cover a variety of different visual aspects relating to a video game, such as the appearance of protagonists from the game; the appearance of a level; the design of a HUD, or other GUI which the player interacts with; or even objects/power-ups/pick-ups which a player might be expected to use as part of the game.
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