Neutrogena Corporation v Golden Ltd
Jurisdiction | England & Wales |
Judgment Date | 1996 |
Date | 1996 |
Year | 1996 |
Court | Chancery Division |
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91 cases
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Marks and Spencer Plc v Interflora Inc. (A Company Incorporated Under the laws of the State of Michigan, USA) and Another
...different one. This can, I think, be illustrated by two of the cases upon which Mr Silverleaf relied: Neutrogena Corporation v Golden Ltd [1996] RPC 473 and Chocosuisse Union des Fabricants Suisse de Chocolat v Cadbury Ltd [1998] RPC 27 In Neutrogena the claimant had substantial reputation ......
- Merck KGaA v Xtalic Corporation
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Premier Luggage and Bags Ltd v Premier Company (UK) Ltd and Another
...approach has not been in dispute. It is to be found in the judgment of Mr Justice Jacob in Neutrogena Corporation v Golden Limited [1996] RPC 473, at page 482 (lines 17–27) – a passage cited by Lord Justice Morritt (at page 492) when giving judgment on the appeal in that case with apparent......
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Group Lotus Plc and Another v 1Malaysia Racing Team SDN BHD and Others
...of the goodwill as being correct. 201 This is essentially a "jury question" as shown by Jacob J (as he then was) in Neutrogena v Golden [1996] RPC 473 at 202 In the Court of Appeal the legal test on deception or confusion was set out namely whether on the balance of probabilities a substan......
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4 books & journal articles
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Are Fashion Designers Better Protected in Continental Europe than in the United Kingdom? A Comparative Analysis of the Recent Case Law in France, Italy and the United Kingdom
...RPC 5 (CA). See also Torremans (2008,pp. 459–60).197 See, for example, Harrods v R Harrod (1923) 41 RPC 74.198 See Neutrogena v Golden [1996] RPC 473 and Bently and Sherman (2009, pp. 757–8).A substantial part does not mean a majority but it must be more than de minimis.199 See Lego Systems......
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Intellectual Property Law
...with the standard already established under the law of passing off, as stated by Jacob J in Neutrogena Corporation v Golden Ltd [1996] RPC 473 at 481-482 which the court cited with approval: It is, of course, the effect on the goodwill of Neutrogena which matters…. There is passing off even......
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The Consumer as the Empirical Measure of Trade Mark Law
...lack ofempirical foundation for proferred expert evidence).53 (2015) 228 FCR 189 at [316]–[326].54 n 7 above; Neutrogena Corp vGolden Ltd [1996] RPC 473, 485–486 (Neutrogena); SterlingPharmaceuticals Pty Ltd vJohnson & Johnson Australia Pty Ltd (1990) 96 ALR 277; CadburySchweppes Pty Ltd vD......
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A critique of legal measures of brand confusion
...``Puffin'' (United Biscuits, UK Ltd v. Asda Stores Ltd [1987] RPC513; the Neutrogena/Nuetralia dispute (Neutrogena Corp.v.Golden Ltd[1996] RPC 473, the actual incidence of legal claims alleging ``confusion'' isdifficult to gauge because the majority of these disputes are settled prior totri......