Waterfront has been acting for Shark AG in High Court trade mark infringement proceedings against Monster Energy and Coca-Cola. The trial of these proceedings was due to start in the High Court of England and Wales on 7 October 2013. This litigation formed part of larger series of worldwide disputes between the soft drink manufacturers, stretching from Australia, the Far East, Europe and all the way to South America, all concerning the trade marks BRING OUT THE BEAST and UNLEASH THE BEAST.
On 1 October 2013, Waterfront assisted Shark AG in concluding a worldwide co-existence and settlement agreement with Monster Energy, which involved a substantial payment being made by Monster Energy to Shark AG.
The current legal framework in the UK does not allow copying of copyright-protected material for training generative AI models, except where it is carried out with permission of the copyright owner or done in a research or study context and for purely non-commercial purposes.
This matter deals with the Claimant’s (‘TVIS’) allegation of infringement and misrepresentation in relation to its “VETSURE” trade mark by the Defendant (‘Howserv’s’) “PETSURE” trade mark, used for pet insurance. In the first instance decision, the claim was dismissed due to the marks being highly descriptive and “not…