IP analysis: The proceedings relate to Google’s YouTube Shorts service. Shorts International Ltd (SIL) claimed that Google’s use of certain signs in relation to its YouTube Shorts service amounted to infringement of SIL’s registered trade marks and passing off. Google claimed that there was no infringement or passing off and that SIL’s registered trade marks were invalid or should be revoked for non-use. It was held that, at the various relevant dates, most of SIL’s trade marks were valid, though the word mark ‘SHORTSTV’ was invalid for most goods and services, and that the other marks should be revoked for non-use for some goods and services. However, all SIL’s trade marks had low inherent distinctive character, and SIL’s use of its trade marks in the UK had not been extensive enough to claim enhanced distinctiveness. None of Google’s uses of signs including the word ‘shorts’ would give rise to a likelihood of confusion...
To continue reading this news article, as well as thousands of others like it, sign in with ³ÉÈËÓ°Òô or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
To read the full news article, register for a free Lexis+ trial
**Trials are provided to all ³ÉÈËÓ°Òô content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ³ÉÈËÓ°Òô services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
Passing off—goodwill, misrepresentation and damagePassing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours, get-up and packaging), or rights that had not been registered formally, but have acquired goodwill.
Brand protection and enforcement in the MetaverseThis Practice Note sets out the considerations that right holders should take into account when protecting and enforcing their brands in the Metaverse. It covers the points to consider when planning the scope of trade mark or design protection,
IP & IT analysis: Will the latest judgment change commercial practices when constructing AdWord campaigns? Rebecca Halford-Harrison, IP & Litigation partner at Kemp Little, discusses the difficulty of setting parameters of ‘honest’ practice and the challenges of enforcing trade mark rights against a
Brand protection online—strategyHaving an online presence is essential for most brands. Many advertise and sell their products online—on their own websites or via online marketplaces such as eBay and Amazon. They may make use of services such as key word advertising to promote their products. They
0330 161 1234