WebApr 13, 2024 · The Bombay High Court dismissed PhonePe's trademark infringement case against BharatPe's PostPe.PhonePe had argued that PostPe's brand name was too similar to its own trademarks and had sought an ... WebOwn name defence A key question (on which not all the appeal judges agreed) was whether Asos could rely on the 'own name' defence to infringement. The defence allows a party (including companies) to use its own name in the course of trade, provided it is in accordance with honest practices in industrial or commercial matters.

EU trade mark law reforms - Norton Rose Fulbright

WebMar 20, 2024 · Though parody is a defense to infringement, there are provisions for disparagement in federal trademark law and potential causes of action for slander if the use of another’s trademark is excessively disparaging or harmful. Fair Use – The “fair use” defense has evolved into two different types of fair use: Web"own name" defence to trade mark infringement and was therefore not liable for trade mark infringement. In a lengthy dissenting judgement, Sales LJ disagreed with the application of the own name defence, stating that greater weight should be given to the rights of the trade mark owner and the protection of the interests of the relevant public ... shoe shop seaford

Affirmative Defenses to Trademark Infringement Claims

WebTrade marks: Infringement and offences. This practice note sets out the law on infringement of UK and EU trade marks, including defences to infringement, criminal … WebJun 28, 2024 · If you use your own personal name and address, this is a defence to trade mark infringement. This must be the name you are usually known by, so you cannot … WebSep 10, 2024 · Courts impose three requirements on defendants who want to take advantage of the nominative fair use defense: (1) the trademark owner, product, or … rachel goddard cooley