Section 11 and its predecessors were designed not so much for the protection of other traders in the use of their marks or to protect their reputation but for the protection of the public. The test of confusion in section 11 is not the same as the test for passing off. Lord Upjohn also said: … Continue reading BALI Trade Mark: 1969
The applicants sought registration of the trade mark ‘Reef’ in connection with merchandising activities in classes 25 and 26 arising from their pop group of the same name. The challengers owned a trade mark ‘Reef Brazil’ in class 25 in relation to footwear, and claimed that there was a risk of confusion, and that if … Continue reading South Cone Incorporated v Bessant, Greensmith, House and Stringer (a Partnership) trading as ‘Reef’; REEF Trade Mark: ChD 24 Jul 2001
The applicant sought to register the mark ‘BUD’ as a trade mark in class 32 for beer. Objection was made under section 11. The parties had each disputed previously the others sales of beers under the name ‘Budweiser’. Held: The opposition failed. The evidence showed that the use of Bud as a contraction for Budweiser … Continue reading BUD Trade Mark: 1988
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Trade Marks. Citations: [1999] EWCA Civ 1766 Statutes: Trade Marks Act 1938 11 12 Jurisdiction: England and Wales Intellectual Property Updated: 30 May 2022; Ref: scu.146681
Romer J discussed the test to be applied under section 11: ‘[Counsel] submitted to me the following propositions with regard to this section: (1) In all applications for registration of a trade mark the onus is on the applicant to satisfy the Registrar (or the Court) that there is no reasonable probability of confusion. (2) … Continue reading Re Jellinek’s Application: 1946
The applicant had sought registration of the ‘Swiss Miss’ mark. Objection was raised on the ground that it was misleading in suggesting any connection with Switzerland. Held: The appeal succeeded as to some uses, but not in general. The court had a discretion to amend the registration, but should not do so in the absence … Continue reading Hunt-Wesson Inc v Chocosuise: CA 2 Jul 1998
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007
Trade Mark: Opposition Judges: S J Probert Citations: [1998] UKIntelP o01198 Links: Bailii Statutes: Trade Marks Act 1938 Jurisdiction: England and Wales Intellectual Property Updated: 06 July 2022; Ref: scu.453072
Parties appealed from decisions of the Trade Marks Registry, and requested leave to introduce new evidence. Held: It was not agreed what rules applied on appeals under the 1938 Act. The Trade Mark system had public interest effects as well as private law. The rules governing appeals were therefore different from other regimes. The courts … Continue reading E I Du Pont de Nemours and Co v S T Dupont (1): ChD 31 Oct 2002
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with that brother to commit burglaries. The juror had sworn an affidavit that … Continue reading Regina v Gough (Robert): HL 1993