header-logo header-logo

Handle with care

01 July 2010 / Louisa Albertini
Issue: 7424 / Categories: Intellectual property , Commercial
printer mail-detail

Louisa Albertini highlights the importance of a clearly drafted trade mark coexistence agreement

A recent High Court case has confirmed that English courts will enforce trade mark coexistence agreements and allow trade marks to be registered which might impinge upon earlier rights where consent to the registration has been given.

This case (Omega Engineering Incorporated v Omega SA [2010] EWHC 1211 (Ch), 28 May 2010) demonstrates the importance of careful drafting of coexistence agreements to ensure that they clearly set out the ambit of parties’ trade mark rights.

OMEGA—the background facts

Omega SA (Swiss) is a watchmaker that was founded in 1848. An American company, Omega Engineering Inc (Engineering) was founded in 1962 and manufactures and markets products for the measurement and control of certain elements including temperature and humidity.

There has been a long-running dispute between the parties over the use of the OMEGA and ? marks. Although their businesses are quite different, their products bear some similarities. In an attempt to avoid potential confusion, the parties have entered into a number

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll