TRADE MARK
Live event industry, artists
ARTICLE LINK –
Article by Lindsey Wrenn, Lee Curtis and Rebecca Tilbury, Pinsent Masons

On the 4th October 2006, the English High Court handed down a judgment which appears to make it easier for trade mark owners to prevent so-called look-alike products by holding that ‘look-alike’ products can infringe a trade mark. Here the packaging of a rival perfume was not identical to L’Oreal’s trade mark so a claim under S10(1) of the Trade Marks Act 1994 could not be brought. The court also held that whilst the packaging was similar to L’Oreal’s and was for the same nature of goods, the defendant had not produced packaging that was confusingly similar to the claimants so a claim failed under section 10(2) of the TMA failed. However, the court found that section 10(3) DID apply in that a person infringes a registered trade mark if he uses in the course of trade in relation to goods and services a sign which (a) is identical with or similar to the trade mark,… where the trade mark has a reputation in the United Kingdom and the use of the sign being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.’

See http://www.mondaq.com/article.asp?articleid=43726&email_access=on