2024 Own name defence

Own name defence

Author: lmju

August undefined, 2024

WebJul 26, 2024 · The Court held that the defendants are entitled to rely on the “own name” defence under section 28 (1) (a) of the TMA. The second defendant has been using the trading name “Luke’s Lobster”... WebJun 28, 2002 · Trade marks: 'own name' defence by Denton Wilde Sapte The High Court has held that where two trades with confusingly similar marks operate in different fields and …

defense Etymology, origin and meaning of defense by etymonline

WebJul 15, 2015 · One of these is known as the ' own name defence'. The defence is worded awkwardly, but basically provides that: you aren't infringing a registered trade mark if you … WebJan 11, 2024 · Legally, a key benefit of using your own name as your brand name is that you are less likely to infringe third party rights thanks to the “own name defence”. Within the UK and EU, a trade mark cannot be infringed by someone using their own name in the course of trade, providing they are using it in accordance with honest practices. lft testing visitors in care homes

Major Reforms to EU Trade Marks Law Fieldfisher

WebThe Court of Appeal has held that use of the mark ASOS did create a likelihood of confusion with the trade mark ASSOS; but, by a majority of 2:1, it also decided that Asos could rely on a defence to that infringement since it was using its own name. WebApr 1, 2009 · Turning to the own-name defence, while this was available for legal as well as natural persons (Case C-245/02 Anheuser-Busch Inc v Budejovicky Budvar NP [2004] ECR I-10989), Arnold J held that the first defendant could not rely on it because the names ‘Cipriani London’ and ‘Cipriani’ did not correspond to the exact legal name of the ... WebJul 2, 2024 · The 'own name' defence for businesses was removed in respect of EU trade marks valid in the UK last year when the EU trade mark regulation took effect. The majority of the provisions set out in the 2015 Directive must be implemented into national laws across EU member states by 14 January 2024. The implementation is therefore required … mcdonalds case study india

Own name defence

Singapore Trademark Infringement cases - Mirandah Asia

WebJul 27, 2016 · In his judgement, Justice Beach clarified the “Own Name” Defence contained in Section 122 (1) (a) of the Trade Marks Act which provides that: “ (1) In spite of section 120, a person does not infringe a registered trade mark when: (a) The person uses in good faith: (i) the person’s name” WebIn the current situation where our nation requires young and dynamic people to serve our motherland, there are no institutions which will provide a state-of the art training to students at ...

Did you know?

WebFeb 25, 2013 · The parties have recently returned to court to address claims for breach of that injunction ( [2013] EWHC 70 (Ch)). This judgment provides another useful insight into the ‘own name’ defence ... WebApr 11, 2024 · The numbers of personnel may be small, and will doubtless fluctuate. But special forces are by their very nature highly effective. Their presence in Ukraine is likely to be seized upon by Moscow ...

WebJun 1, 2016 · The key changes here are that the “own name” defence no longer exists for companies, and that the “descriptive indications” defence has been expanded. The latter means that defendants using non-distinctive terms that are included within a registered trade mark now have the possibility of raising a defence to infringement. Intervening Rights WebMay 2, 2016 · Principles associated with the own name defence . The Court of Appeal has outlined the relevant principles relating to the own name defence. A brief summary is as …

WebApr 30, 2015 · Trade marks: own name defence by Bird & Bird LLP The Court of Appeal has considered infringement and revocation of the ASSOS Community trade mark and the … WebThe "own name" defence has now been limited so that only natural persons can rely on the fact that they are using their own name or address (Article 12(1)(a) EUTMR, Article 14(1)(a) EUTMD). Companies can no longer rely on this defence, and this will therefore increase the importance for companies of filing relevant trade marks early.

WebFeb 28, 2024 · In his judgement, Justice Beach clarified the “Own Name” Defence. He stated: “If a person does not take steps that an honest and reasonable person would take to …

WebJan 15, 2024 · The own name defence could not apply to the defendant’s trading name or the names of its shareholders, but only its legal name. Further, the defendants were aware of the claimant’s right to the “Hotel Cipriani” trade mark, so their use of Cipriani (Grovesnor … mcdonalds caterWebUnder the 2009 Regulation, it was possible for both legal and natural persons to rely on the own name defence in response to an infringement claim where reasonable members of … lft testing heathrow airportWebDec 14, 2024 · Defence. What defences are available to infringers? Defences to trademark infringement include: good-faith use of own name; good-faith descriptive use; good-faith use to indicate intended purposes; lft test kit registrationWebJul 29, 2024 · The “own name” defence An individual is entitled to use his own name or address without infringing a registered trade mark (Section 11 (2) (a)). This defence has … mcdonalds cf14 7hyWebJan 1, 2016 · Own name defence: a global perspective. In many countries people or even companies have a defence to trademark infringement when using their own names. In … mcdonalds cf11 8azWebOwn name defence. A key question (on which not all the appeal judges agreed) was whether Asos could rely on the 'own name' defence to infringement. The defence allows a party … mcdonalds ceo mailing addressWebNov 25, 2024 · The own name defence Although the own name defence is available for both individuals and companies for disputes involving UK marks, it is no longer available for EU marks. As Kitchin LJ said in Maier v ASOS [2015] EWCA Civ 220 , the key question is "whether the use that Asos has made of the sign ASOS has been in accordance with … mcdonalds cf44 8dl