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A User’s Guide to Trade Marks and Passing Off

Authors: Nicholas Caddick QC, Barrister of Hogarth Chambers, Ben Longstaff, Barrister of Hogarth Chambers, Jamie Muir Wood, Barrister of Hogarth Chambers, and Charlotte Duly, Chartered Trade Mark Attorney, Head of Brand Protection at Charles Russell Speechlys LLP

ISBN: 9781526511584

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Edition: 5th

Publication Date: 2021

Publisher: Bloomsbury Professional

A User’s Guide to Trade Marks and Passing Off

A User’s Guide to Trade Marks and Passing Off

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