Trademark Infringement in UK Law

Leading Cases
  • Forsyth-Grant v Allen
    • Court of Appeal (Civil Division)
    • 08 Abr 2008

    An actionable nuisance does not involve the misappropriation of the claimant's rights in the same way, even as in a case of trespass, let alone as in a case of conversion or copyright or trademark infringement. The essence of the tort is that the claimant's rights to the reasonable enjoyment of her property have been infringed by the use which the defendant makes of his own land.

  • Och-Ziff Management Europe Ltd and Another v Och Capital LLP and Others
    • Chancery Division
    • 20 Oct 2010

  • Woolley and Another v Ultimate Products Ltd and Another
    • Chancery Division
    • 01 Mar 2012

    The trademark licence from Mr Woolley is in my view of limited significance to the issues which I have to decide. Whilst broadly allied, the causes of action for trademark infringement and for passing off are, of course, different, and they require the establishment of different facts.

  • 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.

  • Sanders Lead Company Inc. v Entores Metal Brokers Ltd
    • Court of Appeal (Civil Division)
    • 24 Nov 1983

    In my view the rule requires some interest in the would-be intervener which is in some way directly related to the subject-matter of the action. A mere commercial interest in its outcome, divorced from the subject-matter of the action, is not enough. It may well be impossible, and would in any event be undesirable, to attempt to categorise the situations in which the interests of would-be interveners are sufficient to satisfy the requirements of the rule.

  • Hawkes v Cuddy and Others (Nos 1 & 2)
    • Chancery Division
    • 13 Dic 2007

    On 29 January 2007 officers from the local authority trading standards department arrived at the club shop in Neath and seized a large number of items of clothing. Mr Cuddy had caused Neath's records to be inspected by Mr Morgan, an accountant, ostensibly to obtain information on behalf of Mrs Cuddy in her capacity as a director of Neath. But he used that information to pass on to the Ospreys the information that the purchase of the goods had not showed up in Neath's sales and purchase ledger.

  • Global Coal Ltd (Applicant/Claimant) v Icap Energy Ltd (Respondent/Defendant)
    • Chancery Division
    • 15 Dic 2005

    Whatever may have been the position soon after 28 November, there is no evidence that ICAP now does anything but to list the swap bids, if received, as broker. The fact that these bids are for a contract with a price calculated by reference to actual trades in coal on a SCOTA basis does not constitute the use of any data index or methodology which would attract an action for trademark infringement, breach of copyright or passing off, or for the misuse of confidential information.

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Legislation
  • The Radio Equipment Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... be operated in at least one Member State without causing an infringement of the applicable requirements on the use of the radio spectrum in the ... (a) places radio equipment on the market under A's own name or trademark, or . (b) modifies radio equipment already placed on the market in such a ......
  • The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ...... for “in at least one Member State” substitute “without infringement of requirements”. . (3) In the regulation omit “in at least one ... places a product on the market under the distributor’s name or trademark; or . (b) modifies a product already placed on the market in such a way ......
  • The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
    • England & Wales
    • 1 de Enero de 2012
    ...... or manufactured, and markets it under that person's name or trademark; . "market surveillance authority" has the meaning given in ... an infringing EEE presenting a serious risk by reason of that infringement; and(b) that it has already been supplied or made available to end users. ......
  • The Human Medicines Regulations 2012
    • UK Non-devolved
    • 1 de Enero de 2012
    ...... (a) (a) regulation 206 (infringement notices); and . (b) (b) regulation 210 (offences relating to ... relates, its name, international non-proprietary name or trademark; and . (b) in the case of a homoeopathic medicinal product to which a ......
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Books & Journal Articles
  • A critique of legal measures of brand confusion
    • Núm. 11-6, Noviembre 2002
    • Journal of Product & Brand Management
    • 357-379
    As the number of imitator brands has risen, so too have legal actions for trademark infringement and passing off, because of consumer confusion, unfair misappropriation of brand owners’ intellectua...
    ...... of imitator brands has risen, so too have legal actions for trademark infringement and passing off, because of consumer confusion, unfair ......
  • National brand responses to brand imitation: retailers versus other manufacturers
    • Núm. 8-2, Abril 1999
    • Journal of Product & Brand Management
    • 96-105
    Data from national brand manufacturers suggest they are more willing to take legal action against other independent manufacturers than against retailers when they think their trademark brands have ...
    ...... manufacturers than against retailers when they think their trademark brands have been infringed. Imitation by other independent manufacturers ...Therefore, despite laws prohibiting trademark infringement, imitation of national brands seems to be common in our marketplace. This ......
  • Legal strategies in resolving domain name disputes
    • Núm. 103-5, Julio 2003
    • Industrial Management & Data Systems
    • 332-338
    Describes how the Internet revolution has created a wide range of legal issues, with one of the more contentious being domain name disputes. Stresses that it is important for trademark owners to kn...
    ......Many companies with valuable trademarks did not act promptly in the 1990s to reserve the domain name equivalent of ... Names and Numbers (ICANN), or litigation based upon trademark infringement, dilution under the Federal Trademark Dilution Act or cybersquatting under ......
  • Convergence of Trademark Law and E-Commerce: Overview of US, EU and China Regulations on Trademarks and Domain Names
    • Núm. 8-2, Julio 2014
    • Mizan Law Review
    • G Naumovski - D Chapkanov
    • Goce Naumovski (PhD), Associate Professor Vice-Dean for Academic Affairs,, Iustinianus Primus Law Faculty, SS. Cyril and Methodius University, Skopje, Macedonia. - Dimitri Chapkanov, Ph.D Candidate, SS. Cyril and Methodius University, Iustinianus Primus Law Faculty, Skopje, Macedonia.
    • 424-438
    This comment outlines the significance of the relations between trademarks and information technology from a comparative law perspective. It further affirms the indispensability of an interdiscipli...
    ...... 4 Curtin, T.J. (2010). The Name Game: Cybersqautting a nd Trademark Infringement on Social Media Websites, Journal of Law and Policy, 19 (1), 353-394. . 430 M IZAN L AW R EVIEW , Vol. 8, No.2 ......
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Law Firm Commentaries
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