Review of United Kingdom Trade Marks and Design Decisions 2015

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• 作者：Julius Stobbs ; Geoff Weller ; Yana Zhou
• 关键词：Trade mark infringement ; Passing off ; Likelihood of confusion ; Distinctive character
• 刊名：IIC - International Review of Intellectual Property and Competition Law
• 出版年：2016
• 出版时间：March 2016
• 年：2016
• 卷：47
• 期：2
• 页码：203-219
• 全文大小：384 KB
• 作者单位：Julius Stobbs (1)
  Geoff Weller (2)
  Yana Zhou (3)
  
  1. Stobbs IP Limited, Cambridge, UK
  2. Stobbs IP Limited, Cambridge, UK
  3. Stobbs IP Limited, Cambridge, UK
  
• 刊物主题：International IT and Media Law, Intellectual Property Law;
• 出版者：Springer Berlin Heidelberg
• ISSN：2195-0237

文摘

This report highlights key UK trade mark and design decisions from the past year that may be of particular interest to comparative lawyers: through litigation which began years ago, we are given further guidance from the courts in terms of both inherent and acquired distinctive character. Many of the cases to be discussed shed further light on passing off and we are given further direction in terms of goodwill. Enhanced distinctive character and survey evidence are also discussed. Furthermore, we also review a case which featured defendants engaging in deceptive activities in scamming rights holders. Another case to be discussed ultimately prevailed because of the own name defence, but how this will square with the EU Trade Mark Reforms will be a question for 2016. The genuine use of a mark and groundless threats also feature in our discussion. As always, the context of a trade mark’s use is found to be crucial in infringement proceedings. Finally, a trend that is apparent this year is the desire for our judges to take into account factors that might be described as relating to “unfair competition” when determining issues of trade mark infringement, despite the fact that the lack of an actual law of unfair competition in the UK has often been described as a weakness of our system.