Search results
Results from the WOW.Com Content Network
Passing off is a common law cause of action, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings. Passing off and the law of registered trade marks deal with overlapping factual situations, but deal with them in different ways. Passing off does ...
he alleged infringer's intent to “pass off” its goods as those of the trademark owner; [14] incidents of actual confusion; [14] and; the type of product, its costs, and conditions of purchase [14] These are often referred to as the "SquirtCo" Factors. [4] 9th Circuit AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979) he strength of ...
Intersection of trademark law with public domain works; Passing off: Majority: Scalia: Lanham Act: Trademark cannot preserve copyright-like rights to a public domain work. The Lanham Act prohibits both "passing off" (misrepresenting one's own goods or services as someone else's) and "reverse passing off" (misrepresenting someone else's goods as ...
The URL of the page where the unauthorized use of the trademark is located; A description of the reasons why owner or agent claims the trademark as it appears on the service infringes owner’s trademark rights; A statement by owner or agent that the disputed use is not authorized by the owner, its agent, or by law;
Due to the nature of trademark law as a consumer protection measure, there is some debate as to whether "post-sale confusion" (as in the case of a consumer knowingly purchasing counterfeit goods but fooling others into thinking they are the real thing) should be an actionable trademark infringement or considered under the tort of passing off.
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
Trade dress can be protected as getup under the law of passing off in the UK. Passing off is a common law remedy for protecting an unregistered trade mark. [3] Getup, packaging, business strategy, marketing techniques, advertisement themes etc. can also be protected under passing off.
Arsenal Football Club vs. Matthew Reed is a trademark infringement case in English law concerning the sale of unlicensed merchandise bearing the Arsenal Football Club trademarks. The case revolved around Matthew Reed, who for approximately 30 years sold souvenirs near Arsenal's Highbury Stadium , some of which bore the club's registered trademarks.