Actions for passing off and Trade Mark infringement tended to end up as factual disputes resolvable only after a full enquiry. ‘Not a branch of law in which references to these cases is of an real assistance.’
Citations:
Times 07-Oct-1998, [1998] EWCA Civ 1282
Jurisdiction:
England and Wales
Citing:
Cited – Reckitt and Coleman Properties Ltd v Borden Inc HL 1990
The plaintiffs claimed passing off of their ‘Jif Lemon’ trading style.
Held: It is no defence to an allegation of passing off that members of the public would not be misled if they were more literate, careful, perspicacious, wary or prudent. . .
Appeal from – 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. . .
Cited – Bowden Controls Ltd v Acco Cable Controls Ltd ChD 1990
The parties each made cable mechanisms for cars. There had been a patent dispute in Germany resulting in a finding of infringement, which finding was subject to appeal. A letter was sent in England referring to the German decision, stating that the . .
Cited by:
Appeal from – Scandecor Developments AB v Scandecor Marketing AV and Others and One Other Action HL 4-Apr-2001
A business had grown, but the two founders split, and set up separate business. There was no agreement as to the use of the trading names and trade marks. The original law of Trade Marks prohibited bare exclusive licenses, licences excluding the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 20 May 2022; Ref: scu.89040
