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Trade mark infringement and defense's D - Coggle Diagram
Trade mark infringement and defense's D
A claimant must show 2 things TOC 48, Notes 112
an act of infringement has been committed TOC 48, Notes 112
such conduct falls within the scope of protection TOC 48, Notes 112
Protection of other traders
Defence of describing a characteristic of the goods TOC 54 Notes 119
• Defence that trade mark indicates intended purposes TOC 53 Notes 119
• Defence of making use of own name and address TOC 53 Notes 119
• The proviso (condition)requires the court to consider the defendant’s motives in making use of the registered mark TOC 53, Notes 120
Infringing Acts Include
importing or exporting goods under the sign TOC 49, Notes 113
using the sign as a trade or a company name or as part of a trade or company name TOC 49, Notes 113
offering or exposing goods for sale, putting them on the market, stocking them for import/exporting purposes TOC 49, Notes 113
using the sign on business papers or advertising TOC 49, Notes 113
affixing the sign to goods or packaging TOC 49, Notes 113
using the sign in comparative advertising in a manner that is contrary to the Business Protection from Misleading Marketing Regulations 2008 TOC 49, Notes 113
Liability under s.10(4) therefore depends on goods being ‘put on the market’ TOC 49, Notes 113
Swatch argued that 23 of their registered trade marks had been infringed by up to 30 watch face apps and won, Montres Breguet SA v Samsung Electronics TOC 50, Notes 113
the proprietor of a trade mark is entitled even to prevent goods from being brought into a Member State (• C-281/05 Montex Holdings Ltd v Diesel [2006] ) TOC 49, Notes 113
S. 10(5) is a domestic proviso that imposes liability for contributory (or secondary) infringement on those who supply labelling, packaging, business papers or advertising material to the primary infringer TOC 49, Notes 113