Intellectual property 2 (Trademark (Infringement (Remedies (order to…
Intellectual property 2
protects the idea itself
Account of profit
there must be unauthorised use of the information received
the information must have been received in a relationship of confidence
the information must have the quality of confidence
Coco v Clark
Artistic and literary information
Law of confidence
covers obligations not to reveal information the public does not have access to.
situation the Defendant in the course of trade, misrepresents goods so that their customers believe those goods are actually the goods of another (the Plaintiff). What the Defendant has done is injure the business of the Plaintiff, and cause actual damage to the Plaintiff’s business goodwill.
Misrepresentation is made in the course of trade to customers or to ultimate customers
Wombles Ltd v Wombles Skips Ltd
Misrepresentation leading to confusion
Reckitt & Colman Ltd v Borden Inc
Business goodwill in Singapore attached to the goods/ services
™ trade mark not registered yet but there is a claim to a
® registered trade mark.
“honest concurrent” use
Identical: exactly the same
A sign similar to a registered trademark on identical or similar goods and services is used and there is likelihood of confusion
A sign identical to a registered trademark on similar goods and services is used
A sign identical to a registered trademark or identical goods and services is used
order to deliver up infringing copies
an order to remove infringing sign
damages or account of the profits
Capable of distinguishing the goods or services of owner
Take infringement proceedings
Authorise others to use by assigning or selling
10 years, no renewal limit
owner of the mark who is also a trader, manufacturer or retailer.
Reasons for using trademark
signify quality, goodwill.
advertising or public perception.
promote brand loyalty
must still be
need not be visually perceptible,
any letter, word, name, signature, numeral, device, brand, heading, label,ticket, shape, colour, aspect of packaging or any combination of these.
sign or a mark used by a trader in the course of their business or trade to distinguish their goods from those of other traders.