AA Thornton’s Post

McDonald’s has faced a significant setback in the EU, with the General Court ruling that its BIG MAC trade mark will only cover meat sandwiches, edible sandwiches, and foods made from meat. This decision serves as a wakeup call to owners of well-known trade marks. The EU Intellectual Property Office (EUIPO) had previously dismissed Supermac's application to revoke the BIG MAC mark. However, Supermac challenged this, seeking partial annulment. The court sided with Supermac, finding McDonald's lacked sufficient evidence of genuine use beyond meat sandwiches and revoked its registration for chicken sandwiches, poultry products, and related restaurant services. The decision highlights that genuine use must be proven with solid, objective evidence, and reputation alone is insufficient. It highlights the need for substantiating a mark’s use across all claimed categories. For more information on maintaining trade mark rights and key takeaways from the Court decision, click the link below. https://bit.ly/4fagSPr Shelley Slade-Gully | Samantha Gregory #McDonalds #BIGMAC #legalupdate #IPlaw

Q - When is a steak not a steak? A – When it is made from cauliflower, yeast and marmite. Maybe. Permitted product names for “meat-substitutes” have been inconsistent across the EU. It is clear (EU 1169/2011) that “meat” is not permitted. France and Italy have gone one stage further, banning a list of related terms such as “steak”. Last month, the EU Court of Justice interpreted that 1169/2011 already prohibits terms such as “steak” on non-meat products. Therefore Member States cannot enact extra National laws. France and Italy will need to reverse. A quick online shopping search still shows many “Vegan Steaks” on the UK market, where interpretation now diverges from the EUCJ ruling. Does this really mislead consumers? If so, what would you name them instead? Photo by Alex Munsell on Unsplash

An 'H' vs a 'K' can make all the difference in this trade mark dispute. Leanne Oitmaa and Jacqueline Simpkin from our Law & Trade Marks team review the decision in 𝘒𝘍𝘊 𝘛𝘏𝘊 𝘝 𝘓𝘵𝘥 𝘷 𝘎𝘳𝘪𝘭𝘭’𝘥 𝘐𝘗 𝘗𝘵𝘺 𝘓𝘵𝘥 [2023] ATMO 192, where KFC challenged Grill'd's recent application to register the trade mark “HFC”. #trademarks #intellectualproperty #iplaw

The collapse and subsequent sale of craft beer distributor EeBria / EeBriaTrade to Beer52.com | B-Corp has sparked a fresh debate over the ethics of pre-pack administrations. It’s fair to say the practice splits opinion. Proponents argue it allows an otherwise doomed business to continue with minimal disruption, and protects jobs that would otherwise be lost. Critics, however, argue pre-packs let previous management off the hook for running a business into the ground, allowing them to stiff creditors and investors in turn. They claim the system also often fails to protect the very jobs new owners proclaim to have “saved”. For The Grocer, I've taken a closer look at exactly what a pre-pack administration is, how they work and why they're leaving drinks suppliers so hot under the collar. What do you make of pre-pack administrations? Does the process enable new (or existing) owners to walk away blame free at the expense of its suppliers? Or are they the least-worst of all possible outcomes once a business is on the verge of insolvency?

When I saw that draft beverage sales have dropped by 30-40%, I was worried for small local breweries. These potential new TTB regulations could be another serious challenge. But what can we do to help? First, stay informed. Understanding these changes and how they might impact your brewery is crucial. Next, get involved in the conversation. The Brewers Association has been a strong advocate, but we need more voices from the community to speak up now, before these regulations are set in stone. If you're unsure about where to start or how to prepare, don't hesitate to reach out. Jillian Noble is offering 15-minute consultations to help breweries navigate this potential regulatory landscape. Let’s ensure that small breweries not only survive but thrive in the face of these changes. Schedule your consult here: https://lnkd.in/e9RcNvkU #CraftBeer #BrewingCommunity #TTBRegulations #SupportLocalBreweries #BreweryConsulting

Supermarkets need to change the way they operate in Australia. But how do we get them to do this? Our experts weigh in on the recommendations by the government's review on supermarkets' code of conduct.

Check out this article by CT Corporation's Hans Howk for a comprehensive breakdown of the necessary business license regulations at the federal, state, and local levels for grocery store owners. Gain valuable insights here: https://lnkd.in/g7pnZTh6? #businesslicense #compliance

What is milk and what is not milk? Does that include the POST MILK GENERATION? The Court of Appeal in an interesting decision overturns an earlier High Court decision and reinstates the decision of a Hearing Officer of the United Kingdom Intellectual Property to invalidate Oatly's United Kingdom Trade Mark Registration for POST MILK GENERATION. The Hearing Officer originally held that the registration was invalid under Section 3(4) of the Trade Marks Act 1994 for goods in Classes 29, 30 and 32, which states that a trade mark shall not be registered if or to the extent that its use is prohibited in the United Kingdom by any enactment or rule of law. Under an EU Regulation transposed into UK law, the designation 'milk' essentially cannot be used on any food/beverage product which is not milk. The case seemed to centre what was a designation or not and did that include a trade mark? For the record the registration concerned does not cover milk: https://lnkd.in/dnHsqr2s We have come up against a few objections to trade mark applications under this ground in practice. This judgment would appear to have wider implications on the labelling of food and beverage products, the regulation does not just cover milk! Full judgment below.

From yesterday's ECJ Today: General Court Partially Annuls Intellectual Property Appeal Decision in McDonald's Case Summary: The General Court partially annulled and altered the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office in Case R 543/2019-4. The court found that the appeal brought by McDonald’s International Property Co. Ltd against the Cancellation Division’s decision was dismissed as regards the goods ‘chicken sandwiches’ in Classes 29 and 30, the goods ‘foods prepared from poultry products’ in Class 29, and the ‘services rendered or associated with operating restaurants and other establishments or facilities engaged in providing food and drink prepared for consumption and for drive-through facilities; preparation of carry-out foods’ in Class 42. The court also dismissed the action as to the remainder and ordered each party to bear its own costs. The court found that the evidence provided by the intervener was insufficient to prove genuine use of the contested mark in connection with the goods and services for which the trade mark was registered. The court also noted that the interpretation of the services concerned by the Board of Appeal was incorrect, and the evidence submitted did not demonstrate genuine use of the mark in connection with those services. *** Want to receive more summaries like this in your mailbox? Subscribe! https://lnkd.in/eR4EuZ6z (No credit card information required)

Self-distribution - allowing craft producers to sell directly to retailers and restaurants is a key initiative to allowing the craft producers to flourish. It is one to the key three channels to success after direct to consumer and wholesaler. The largest producing state (California) understands this, but has failed the out of state producers at this time. They too could try and level down and take away this privilege from California producers only to try and prevent the out of state producers having the same privileges. With transparency in the market today, do look for the wholesale channel to try and stop self-distribution, but more importantly start to watch which legislators take in funds from the wholesalers and who are directly responsible for attacking our domestic agricultural businesses. They need to be accountable for the damage they are doing to our US industry. #selfdistribution #DTC #directtoconsumer #wineindustry #beerindustry #spiritsindustry #cider #mead #legislators #agriculture USDA Alcohol and Tobacco Tax and Trade Bureau U.S. Department of the Treasury https://lnkd.in/gtViQEVV