British Diabetic Association v Diabetic Society Ltd
Jurisdiction | England & Wales |
Judgment Date | 23 October 1995 |
Date | 23 October 1995 |
Court | Chancery Division |
Chancery Division
Company - similar name confusing
The words "association" and "society" being very similar in derivation and meaning, and being not dissimilar in form, it would amount to, albeit unintended, deception, calculated to damage the reputation and goodwill of The British Diabetic Association, for The Diabetic Society to continue to use that name.
Mr Justice Robert Walker so held in the Chancery Division on October 13, in making an order, inter alia, restraining the defendants, The Diabetic Society, Arthur Bennett and Gillian Mary Atkin, from (i) using the name or mark "The Diabetic Society", "The British Diabetic Society", "Diabetic Society", "The Diabetes Society" and/or "Diabetes Society"; (ii) causing, enabling, or assisting any other person to carry out any acts contravening the above injunction, or (iii) allowing the corporate name of the first defendant to remain on the Companies Register in its present, or any similar form.
HIS...
To continue reading
Request your trial- British Phonographic Industry Ltd v Mechanical-Copyright Protection Society Ltd
- Mesuma Sports Sdn Bhd v Majlis Sukan Negara, Malaysia (Pendaftar Cap Dagangan, Malaysia – Interested Party)
-
NOCN (formerly National Open College Network) v Open College Network Credit4learning
...on by the Claimant, the Defendant and other open college networks – as opposed to trading in the usual way. See British Diabetic Association v The Diabetic Society [1996] FSR 1, for example, in relation to charities. In this judgment I will use the terms 'business' and 'trading' in a loose ......
-
Decision Nº O/065/22 from Intellectual Property Office - (Trade market), 25 January 2022
...key point that is being made is that 16 Stacey v 2020 Communications [1991] FSR 49 17 British Diabetic Association v Diabetic Society Ltd [1996] FSR 1 (1995) 14 the opponent is required to prove that it is the owner of the earlier right. This point is clearly correct, as The Trade Marks (Re......
-
How Does The Charity Commission's Guidance Relate To Legacies?
...case. 'Prospective donors may share the dismay expressed by Robert Walker J, in British Diabetic Association v Diabetic Society Ltd [1995] 4 All ER 812 at 816, who described a passing off action between charities as: "a deplorable, even scandalous thing to occur. Charities solicit donations......