United Biscuits (UK) Ltd v Asda Stores Ltd

JurisdictionEngland & Wales
CourtChancery Division
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
33 cases
  • McCambridge Ltd v Joseph Brennan Bakeries
    • Ireland
    • Supreme Court
    • 31 Julio 2012
    ...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......
  • Marks and Spencer Plc v Interflora Inc. (A Company Incorporated Under the laws of the State of Michigan, USA) and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 Noviembre 2012
    ...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......
  • Evegate Publishing Ltd v Newsquest Media (Southern) Ltd
    • United Kingdom
    • Chancery Division
    • 10 Julio 2013
    ...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......
  • Moroccanoil Isreal Ltd v Aldi Stores Ltd
    • United Kingdom
    • Intellectual Property Enterprise Court
    • 29 Mayo 2014
    ...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......
  • Request a trial to view additional results
2 firm's commentaries
  • European IP Bulletin - Issue 76, January 2011
    • European Union
    • JD Supra European Union
    • 27 Enero 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......
  • Intellectual Property Update Spring 2008: Focus On The UK
    • United Kingdom
    • Mondaq United Kingdom
    • 23 Mayo 2008
    ...[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
  • Comparison Creep and the Conflation of Trade Mark Infringement and Passing Off
    • South Africa
    • South African Intellectual Property Law Journal No. , May 2019
    • 24 Mayo 2019
    ...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......
    • Singapore
    • Singapore Academy of Law Journal No. 2004, December 2004
    • 1 Diciembre 2004
    ...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, “......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT