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Issue [3] – Ownership
Issue [3] – Ownership:
For the reasons set out above NHBCL was not and never has been the owner of the Trade Mark nor did it have a beneficial interest in the Trade Mark before its expiry. It is not therefore the proper party to make any of the Trade Mark claims.
- Heading
- Master Kaye Sitting as a Deputy High Court Judge
- Representation and Witnesses
- Witnesses
- Trade Mark: Issues [1] to [4]
- Conclusion on Issue 1(a)
- Chronology in relation to Issue 1(a)
- Dissolution
- Restoration/Vesting
- Trade Mark renewal
- Post Restoration
- Beneficial Interest?
- Issues [1] to [4]
- Issue [3] – Ownership
- Issue [2] – revocation for non-use
- Issue [1(b)] – Invalidity
- Issue [4] – Infringement
- Passing Off - Issues [5] to [8]
- Goodwill
- Has the goodwill passed to NHBCL?
- Organic Hill goodwill
- The Restored Company’s goodwill
- Abandonment
- NHBCL’s goodwill?
- Evidence of NHBCL goodwill
- Misrepresentation and damage
- Copyright - Issues [9] to [12]
- Artistic Copyright
- Copyright infringement
- The Defendants signs
- Joint Tortfeasors - Issue [14]
- Next steps