Trade Marks in UK Law

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Leading Cases
  • Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and Others
    • Chancery Division
    • 02 Mar 2010

    In my judgment it follows from the foregoing considerations that it does not constitute bad faith for a party to apply to register a Community trade mark merely because he knows that third parties are using the same mark in relation to identical goods or services, let alone where the third parties are using similar marks and/or are using them in relation to similar goods or services. The applicant may believe that he has a superior right to registration and use of the mark.

  • H Young (Operations) Ltd v Medici Ltd
    • Chancery Division
    • 14 Jul 2003

    I do not think there is anything technical about this: the consumer is not expected to think in a pernickety way because the average consumer does not do so. In coming to a fair description the notional average consumer must, I think, be taken to know the purpose of the description. Otherwise they might choose something too narrow or too wide. The whole exercise consists in the end of forming a value judgment as to the appropriate specification having regard to the use which has been made.

  • Reckitt and Colman Products Ltd (t/a Colmans of Norwich) v Borden Inc. and Others
    • House of Lords
    • 08 Feb 1990

    Secondly, he must demonstrate a misrepresentation by the defendant to the public (whether or not intentional) leading or likely to lead the public to believe that goods or services offered by him are the goods or services of the plaintiff.

  • South Cone Inc. v Bessant and Others (t/a Reef)
    • Court of Appeal (Civil Division)
    • 28 Mai 2002

    It is not suggested that he was not experienced in this field, and there is nothing in the Civil Procedure Rules to diminish the degree of respect which has traditionally been shown to a hearing officer's specialised experience. In such circumstances an appellate court should in my view show a real reluctance, but not the very highest degree of reluctance, to interfere in the absence of a distinct and material error of principle.

  • Compass Publishing BV v Compass Logistics Ltd
    • Chancery Division
    • 24 Mar 2004

    It is frequently said by trade mark lawyers that when the proprietor's mark and the defendant's sign have been used in the market place but no confusion has been caused, then there cannot exist a likelihood of confusion under Article 9.1(b) or the equivalent provision in the Trade Marks Act 1994 ("the 1994 Act"), that is to say s. 10(2). In the latter it must consider notional use on a scale where direct competition between the proprietor and the alleged infringer could take place.

  • Thomson Holidays Ltd v Norwegian Cruise Line Ltd
    • Court of Appeal (Civil Division)
    • 17 Des 2002

    In my view that task should be carried out so as to limit the specification so that it reflects the circumstances of the particular trade and the way that the public would perceive the use. If the test of infringement is to be applied by the court having adopted the attitude of such a person, then I believe it appropriate that the court should do the same when deciding what is the fair way to describe the use that a proprietor has made of his mark.

  • Berlei (U.K.) Ltd v Bali Brassiere Company Inc.
    • House of Lords
    • 06 Mai 1969

    Before 1875, when registration of Trade Marks began, there could be property in a trade mark: the right of property in a distinctive mark was acquired by a trader merely by using it upon or in connection with his goods irrespective of the length of such user and without proof of recognition by the public as a mark distinctive of the user's goods: that right of property would be protected by an injunction restraining any other person from using the mark.

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Legislation
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Books & Journal Articles
  • Of Split Trade Marks and Common Markets
    • Núm. 54-4, July 1991
    • The Modern Law Review
  • Shaving the Trade Marks Directive Down to Size?
    • Núm. 63-4, July 2000
    • The Modern Law Review
  • Technological Activity and Employment in a Panel of UK Firms
    • Núm. 48-3, August 2001
    • Scottish Journal of Political Economy
    We investigate the relationship between technological activity, proxied by R&D, patents, and trade marks, and employment for a panel of British production firms from 1987 to 1994. We modify sta...
    ...... between technological activity, proxied by R&D, patents, and trade marks, and employment for a panel of British production firms from 1987 to ......
  • REVIEWS
    • Núm. 45-1, January 1982
    • The Modern Law Review
    Book reviewed in this article: Social Justice in the Liberal State, By Bruce A. Ackerman. Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights. By W. R. Cornish. Antitrust Law a...
    ...... its competiton, the differenrimion test, but also that it marks out the rule as having merit when compared to all rival ... BROWNSWORD * INTELLECTUAL PROPERTY: PATENTS, COPYRIGHT, TRADE MARKS AND ALLIED RIGHTS. By W. R. CORNISH. [London : Sweet & ......
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Law Firm Commentaries
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