McDonalds v Burger King: 1987

Where a trade mark or passing off claim succeeds at trial, the successful claimant is entitled to an inquiry as to damages unless the court is satisfied it would be fruitless.


[1987] FSR 112

Cited by:

CitedReed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd CA 3-Mar-2004
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert.
Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 13 May 2022; Ref: scu.194811