United Biscuits (UK) Ltd v Asda Stores Ltd
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Date | 1997 |
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33 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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Marks and Spencer Plc v Interflora Inc. (A Company Incorporated Under the laws of the State of Michigan, USA) and Another
...the first Pilot survey." For the same reason I do not accept his submission that Chocosuisse supports his argument. 114 United Biscuits (UK) Ltd v Asda Stores Ltd [1997] RPC 513 was a claim both for passing off and for trade mark infringement. The claimant produced a chocolate coated biscu......
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Evegate Publishing Ltd v Newsquest Media (Southern) Ltd
...to which I will return. In this regard, she also referred me to the judgment of Robert Walker J (as he then was) in United Biscuits (UK) Ltd v Asda Stores Ltd [1997] RPC 513 concerning the Penguin and Puffin biscuits: "In the Harrods case Millett LJ said at page 706, "Deception is the gist......
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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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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, “......