A User’s Guide to Trade Marks and Passing Off

Description

Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off.

There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together.

Individual topics covered include:
Kit-Kat – when can 3D shape marks benefit from ‘acquired distinctiveness’?
Whether colours may form part of 3D shape marks – Louboutin
Infringement by ‘wrong way round’ confusion
Limitations on the own-name defence
Calculation of damages, and the availability of blocking injunctions

Additional information