United Biscuits (UK) Ltd v Asda Stores Ltd
| Jurisdiction | England & Wales |
| Year | 1997 |
| Date | 1997 |
| Court | Chancery Division |
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34 cases
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McCambridge Ltd v Joseph Brennan Bakeries
...v. Waterford Foods plc (Unreported, High Court, Keane J., 25th November, 1992); United Biscuits UK Limited v. ASDA Stores Limited [1997] R.P.C. 513). A court of appeal may also make its own judgment on this point. The trial judge relied on that test. He pointed out that consumers will not a......
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Glaxo Wellcome UK Ltd v Sandoz Ltd
...deception will result. Who knows better than the trader the mysteries of his trade?” 186 In United Biscuits (UK) Ltd v Asda Stores Ltd [1997] RPC 513 Asda marketed a chocolate-coated sandwich biscuit called Puffin as a competitor to the well-known Penguin biscuit. Asda's witnesses gave evid......
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Moroccanoil Isreal Ltd v Aldi Stores Ltd
...of the public would as a consequence take Miracle Oil to be Moroccanoil. The second was of the form which succeeded in United Biscuits (UK) Ltd v Asda Stores Ltd [1997] RPC 513, namely that although the public would distinguish MIL's and Aldi's products, they would assume an association bet......
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British Sky Broadcasting Group Plc v Sky Home Services Ltd
...to his sales technique designed to put himself just on the right side of the law. In United Biscuits (UK) Ltd v Asda Stores Ltd [1997] RPC 513 at 531, Robert Walker J said this, citing again from the Harrods case, in relation to subjective intention: "In the Harrods case Millett L.J. said a......
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2 firm's commentaries
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European IP Bulletin - Issue 76, January 2011
...was actually caused by the Asda campaign and, if so, which part of the campaign. 8 Following the judgment in United Biscuits v Asda [1997] RPC 513, Specsavers argued that the “living dangerously” evidence was justification for possible evidence of confusion. Mann J noted this, but said that......
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Intellectual Property Update Spring 2008: Focus On The UK
...[2008] EWCA Civ 358 17. Reckitt & Coleman Products Ltd v Borden Inc. [1990] WLR 491 and United Biscuits (UK) Ltd v ASDA Stores Ltd [1997] RPC 513 18. White Paper on Damages Actions for Breach of the antitrust rules (COM(2008) 165, 2.4.2008) 19. Private actions in competition law: effect......
2 books & journal articles
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Comparison Creep and the Conflation of Trade Mark Infringement and Passing Off
...the trade mark regist ration system itself. The registration system was 1 [1997] RPC 513 at 535.87(2015) IPLJ 87© Juta and Company (Pty) invented due to inadequacies in the common law of passing off.2 At common law, a claimant could only......
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CONDITIONS FOR REGISTRATION AND SCOPE OF PROTECTION OF NON-CONVENTIONAL TRADE MARKS IN SINGAPORE
...matter or circumstances. The comparison is mark for mark mark …” 36 Per Robert Walker J in United Biscuits (UK) Ltd v Asda Stores Ltd[1997] RPC 513 at 535. 37 See N Dawson, “The power of colour in trade mark law. BP Amoco Plc v John Kelly Ltd”[2001] EIPR 383; I Wood, N Boxall & M Bagnall, “......