Trade marks: co-existence and own name defence | Practical Law

Trade marks: co-existence and own name defence | Practical Law

The High Court has held that trade mark infringement and passing off were established as a result of likelihood of confusion, including “wrong way round” confusion, and that the own name defence was not available for past acts of infringement but was available for future acts.

Trade marks: co-existence and own name defence

Practical Law UK Articles 8-638-0349 (Approx. 3 pages)

Trade marks: co-existence and own name defence

by Bird & Bird LLP
Published on 26 Jan 2017
The High Court has held that trade mark infringement and passing off were established as a result of likelihood of confusion, including “wrong way round” confusion, and that the own name defence was not available for past acts of infringement but was available for future acts.