The petitioner was the proprietor of the trade mark Wet Wet Wet (the name of a popular music group). It was registered for (among other classes of goods) books. The defendant intended to publish a book about the group using ‘Wet Wet Wet’ as part of the title.
Held: Distinguishing Mothercare, that that would be a trade mark use, but that it would nevertheless be within section 11(2)(b) (as amounting to an indication of the characteristics of the goods to which the mark was applied) and so would not amount to an infringement.
Judges:
Lord McCluskey
Citations:
[1996] FSR 205
Statutes:
Citing:
Distinguished – Mothercare UK Ltd v Penguin Books CA 1988
The Trade Marks Act would only be concerned to restrict the use of a mark as a trade mark or in a trade mark sense, and should be construed accordingly. If descriptive words are legitimately registered [as a trade mark], there is still no reason why . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Scotland
Updated: 29 April 2022; Ref: scu.182488