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08 August 2013
Issue: 7572 / Categories: Case law , Law digest , In Court
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European Union

Specsavers International Healthcare Ltd and other companies v Asda Stores Ltd C-252/12, [2013] All ER (D) 355 (Jul)

It was well established that the condition of genuine use of a trade mark, within the meaning of Art 15(1) of Council Regulation (EC) 207/2009 (on the Community trade mark) might be satisfied where the trade mark was used only through another composite mark, or where it was used only in conjunction with another mark, and the combination of those two marks was, further, itself registered as a trade mark. In relation to Art 10(2)(a) of Directive 89/104, which provision corresponded, in essence, to the second sub-paragraph of Art 15(1)(a) of the Regulation, the court had further held that the proprietor of a registered trade mark was not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it was used in a form which differed from the form in which it was registered, without the differences between the two altering the distinctive character of that trade

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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