Although there was no acquiescence on the part of the plaintiffs, such as to have destroyed their rights, the court was not persuaded that, nevertheless, they should be deprived of an injunction.
Judges:
Slade J
Citations:
[1982] FSR 147, (1983) RPC 15
Jurisdiction:
England and Wales
Cited by:
Appeal from – My Kinda Town Ltd v Soll CA 1983
The appeal succeeded. Where there is already a substantial potentiality for confusion of two businesses simply by reason of their being engaged in the same trade, a trader cannot legitimately build on and increase that trade potentiality in such a . .
Mentioned – Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others CA 14-Oct-2008
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty.
Lists of cited by and citing cases may be incomplete.
Damages, Intellectual Property
Updated: 07 May 2022; Ref: scu.276922