The trade mark issues – general points
13. Before dealing with these issues, it is worth making a few general points with regard to trade mark law.
- 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