Search Results for: Trade Marks Act 1994 11(2)(a)

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Scandecor Development Ab v Scandecor Marketing Ltd and Another: ChD 9 Mar 1998

A company with same name as a registered trademark could trade under that name provided the use was honest and otherwise within the section. Citations: Times 09-Mar-1998, Gazette 25-Mar-1998, [1998] FSR 500 Statutes: Trade Marks Act 1994 11(2)(a) Jurisdiction: England and Wales Cited by: Appeal from – Scandecor Development Ab v Scandecor Marketing Ab and … Continue reading Scandecor Development Ab v Scandecor Marketing Ltd and Another: ChD 9 Mar 1998

Premier Luggage and Bags Ltd v The Premier Company (UK) Ltd and Another: CA 26 Mar 2002

The owner of a registered trade mark ‘Premier’ sued for swing tags which carried the defendant’s full name ‘The Premier Company (UK) Ltd.’. Held: A trade mark use can fall within the scope of the Art 6.1 defence. There there was no passing off or Art.5.1(a) infringement in respect of these: ‘If the use by … Continue reading Premier Luggage and Bags Ltd v The Premier Company (UK) Ltd and Another: CA 26 Mar 2002

Asprey and Garrard Ltd v WRA (Guns) Ltd and Another: CA 11 Oct 2001

The Asprey family had been in business for many years. Their business was incorporated, and later sold to the claimants. A member of the Asprey family sought to carry on new businesses through limited companies using the family name. Upon request, he changed the names to the names of the respondent companies. Later he left … Continue reading Asprey and Garrard Ltd v WRA (Guns) Ltd and Another: CA 11 Oct 2001