Report of Trade Mark Cases For the CIPA Journal April 2025
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We report on the Court of Appeal’s decision in Morley's (Fast Foods) v Nanthakumar where the appeal against Morley's successful claim for trade mark infringement and breach of a settlement agreement was dismissed. We also report on the High Court’s decision in Thom Browne v Adidas, the first English case to consider the approach to be taken to the infringement of position marks, where Thom Browne were successful in invalidating eight of adidas' marks. We also provide summaries of the High Court’s decision to allow an appeal against the decision of the UK IPO in Nissin Foods v MomoIP, and the Court of Appeal’s upholding of the High Court’s decision to grant declarations that Merck Sharp & Dohme had breached injunctions in Merck KGaA v Merck Sharp & Dohme.
