Relevance of EU law
14. First, notwithstanding the UK’s withdrawal from the European Union, European law and the decisions of the European courts and, in particular, of the Court of Justice of the European Union (“the CJEU”) are of significance. This is because they remain part of retained EU law in the UK and because the relevant provisions of the UK’s Trade Marks Act 1994 were enacted to give effect to EU Directive 89/104/EC (since replaced by Directive 2008/95/EC and now Directive (EU) 2015/2436) and are in substantively the same form as the equivalent provisions of Community Trade Mark Regulation (EC No.207/2009) and its successor, the European Union Trade Mark Regulation (EU No.2017/1001).
- Claim No. IL-2020-LIV-000001
- Introduction
- The witnesses
- The issues
- The trade mark issues – general points
- Relevance of EU law
- The average consumer
- section 3(1)
- Is the word mercury descriptive?
- Is use of the word mercury customary?
- Invalidity - bad faith, s.3(6()
- Infringement – the acts said to infringe the trade mark
- Infringement –
- s.10(1) Trade Marks Act 1994
- s.10(2) Trade Marks Act 1994
- Condition (iv)
- Condition (v)
- Condition (vi)
- s.10(3) Trade Marks Act 1994
- Condition (i) - reputation
- Condition (v) - sign at least similar to mark
- Condition (vii) - a link
- Condition (viii) - injury
- Condition (ix) – without due cause
- The s.11(2) defence
- Trade mark infringement - conclusion
- Passing off
- Joint tortfeasorship
- Conclusion