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Whose On-Line Is It Anyway?

Publication: Mondaq Business Briefing
Publication Date: 03-FEB-06 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Whose On-Line Is It Anyway?(E! Entertainment Television Inc. and Deutsche Telekom AG patent infringement case)

Article Excerpt
A recent appeal from the UK Trade Marks Registry to the High Court has emphasised the need for trade mark owners to file evidence correctly, particularly when seeking to establish a reputation in a mark.1

E! Entertainment Television Inc applied to register the mark E! ONLINE in relation to a broad range of goods and services in the field of telecommunications. Deutsche Telekom opposed the application relying on its earlier UK marks and CTMs in respect of T-ONLINE in the same field.

The Court held that the Hearing Officer had not erred in applying the well established law of the European Court of Justice regarding the comparison of trade marks for the purposes...

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