• CRIMINAL

TEXAS COURT OF CRIMINAL APPEALS

Ex Parte Campbell

In the present habeas proceeding, for a habitual offender convicted of burglary, challenging the imposition of special parole conditions for sex offenders, habeas relief is denied by Court on ground that a releasee may be required to comply with sex offender conditions of early release, even if he has never been convicted of a "reportable" sex offense and that the conditions imposed were not in violation of due process of law.

• INTELLECTUAL PROPERTY RIGHTS

ENGLAND AND WALES HIGH COURT

Whirlpool Corporation and others v Kenwood Limited

In the present trade mark dispute suit, the plaintiff-Whirlpool argued that the trade mark of their 'KitchenAid' food mixer, the bodywork of which was registered, had been infringed by Defendant-Kenwood's 'KMix' mixer and therefore, contended that Kenwood was liable for passing off. The High Court found that although the finished appearance of the KitchenAid product was sufficient to indicate trade origin, owing to the distinctiveness of the design and the discerning tastes of the relevant consumers for such a high-end product, the KMix did nothing more than call to mind the KitchenAid product. There was not any, nor likely to be any, actual confusion between the products. Therefore, High Court ruled in favour of Defendant.

Minimax GmbH & Co KG v Chubb Fire Limited

The High Court, in the present case, allowed an appeal from a hearing officer's decision and rejected Defendant-Chubb Fire Limited's opposition to the registration of the word MINIMAX as a trade mark by Plaintiff-Minimax GmbH & Co KG. The court found that there was no proper basis for the hearing officer to have concluded that there remained a sufficient residual reputation in the MINIMAX name for Chubb to succeed in a passing off action and oppose the application under s.5(4)(a) of the Trade Marks Act 1994.