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L’Oreal Sa and Others v Bellure Nv and Others: CA 21 May 2010

The claimant, manufacturers of perfumes, complained that the defendants, manufacturers of smell-alike products, were in breach of the Directive in marketing their products using lists which identified those of the claimants products to which they were intended to smell similar. Held: The claim succeeded. The defendant’s use of the registered marks in the comparison lists … Continue reading L’Oreal Sa and Others v Bellure Nv and Others: CA 21 May 2010

L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009

The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009

Arsenal Football Club plc v Reed: ECJ 12 Nov 2002

The trade mark owner sought orders against a street vendor who sold articles using their marks. He asserted that the marks were not attached to show any quality, but were used by the fans as badges of allegiance. Held: The function of a trade mark was to guarantee the identity or origin of the goods, … Continue reading Arsenal Football Club plc v Reed: ECJ 12 Nov 2002

Interflora Inc and Another v Marks and Spencer Plc and Another: ChD 21 May 2013

Mark use in search engine was infringing use The claimant mark owner alleged that the defendant, in paying a search engine to use the claimants mark as a search keyword was infringing its rights. The defendant argued that the use of the same sign in different contexts could amount to a different and non-infringing use. … Continue reading Interflora Inc and Another v Marks and Spencer Plc and Another: ChD 21 May 2013

Interflora, Inc and Another v Marks and Spencer Plc and Another: ChD 22 May 2009

Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced references also to the defendants’ web-sites. The bids for these words … Continue reading Interflora, Inc and Another v Marks and Spencer Plc and Another: ChD 22 May 2009