Trademark Infringement in UK Law
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Forsyth-Grant v Allen
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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.
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Och-Ziff Management Europe Ltd and Another v Och Capital LLP and Others
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Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and Others
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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.
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Woolley and Another v Ultimate Products Ltd and Another
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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.
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Hawkes v Cuddy and Others (Nos 1 & 2)
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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.
I have found that to a limited extent the cross-petition is well founded. I have also found that some of the allegations in the petition are well founded. But although I have found that some of the allegations of unfair prejudice alleged in the petition have been established, they are the less serious ones. Those which pertain to the internal affairs of the Ospreys are not conduct of the affairs of Neath.
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Global Coal Ltd (Applicant/Claimant) v Icap Energy Ltd (Respondent/Defendant)
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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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The Radio Equipment Regulations 2017
... ... Construction must allow operation without infringement of requirements ... Before placing radio equipment on the market, a ... places radio equipment on the market under A's own name or trademark, or ... modifies radio equipment already placed on the market in such a ... ...
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Children and Families Act 2014
... ... , the person—(a) manufactures the product,(b) puts a name, trademark or other distinguishing mark on it by which the person is held out to be ... to the extent of each respondent's responsibility for the infringement to which the complaint relates.(7) The amount payable to the agency worker ... ...
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The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
... ... or manufactured, and markets it under that person’s name or trademark;“market surveillance authority” has the meaning given in regulation ... 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 ... ...
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Procurement Act 2023
... ... (a) (a) trademark, trade name, patent, design or type, ... (b) (b) place of origin, or ... penalty on the supplier or connected person in respect of the infringement because the supplier or connected person was an immunity recipient (within ... ...
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A critique of legal measures of brand confusion
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...... ... brands has risen, so too have legal actions fortrademark infringement and passing off, because of consumer confusion, unfairmisappropriation of ... The law struggles todeal with disputes of passing-off and trademark infringement litigationbecause: both can be evidentially intensive, ... ...
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National brand responses to brand imitation: retailers versus other manufacturers
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 theythink their trademark brands have been infringed. Imitation by other independentmanufacturers ... Therefore,despite laws prohibiting trademark infringement, imitation of national brandsseems to be common in our marketplace. This ... ...
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Convergence of Trademark Law and E-Commerce: Overview of US, EU and China Regulations on Trademarks and Domain Names
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 and Trademark Infringement on Social Media Websites, Journal of Law and Policy, 19 (1), 353-394 ... 430 MIZAN LAW REVIEW, Vol. 8, No.2 ... ...
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Legal strategies in resolving domain name disputes
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...... ... domain names thatwere identical or similar to an owner'sexisting trademark. In many cases theseregistrants attempted to traffic in domainnames for ... and Numbers (ICANN), or litigationbased upon trademark infringement, dilutionunder the Federal Trademark Dilution Actor cybersquatting under ... ...