14. Defences to trade mark infringement

2019 ◽  
pp. 320-360
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Intellectual Property ◽  
Trade Mark ◽  
European Economic Area ◽  
European Economic ◽  
Trade Mark Infringement ◽  
Economic Area ◽  
Parallel Importation ◽  
Own Name ◽  
Scope Of Protection

This chapter looks at the various defences against trade mark infringement and the way in which the courts have interpreted them. A defendant's principal argument will be to deny that there has been any infringing conduct, and/or that what has been done is not within the scope of protection given to the registered mark. There are, however, a number of statutory defences. These defences span from the use of one's own name to a framework outlining the conditions of comparative advertisement and the role of exhaustion of rights as a defence to an action for trade mark infringement, including the ways in which the intellectual property owner can object to the parallel importation of non-European Economic Area (EEA) goods.

41. Trade mark defences

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Trade Mark ◽  
Comparative Advertising ◽  
Trade Marks ◽  
Intended Purpose ◽  
Parallel Importation ◽  
First Sale ◽  
Own Name ◽  
Scope Of Protection

This chapter is about the various defences that are available to a person who has been accused of infringing a trade mark under the Trade Marks Act 1994. A prominent limitation on the scope of protection, which operates defensively, is whether the defendant has made a legally relevant use of the mark. Besides this, the defendant is excused if the mark has been used (i) as the defendant’s own name or address, (ii) for descriptive purposes, or (iii) to indicate the intended purpose of a product or service. These threeuses are subject to a proviso testing for whether the use has been in accordance with honest practices in industrial and commercial matters. Additional defences facilitate comparative advertising and permit parallel importation via the exhaustion of the trade mark owner’s rights upon first sale.

scholarly journals Role of economic instruments in the promotion of electric vehicles

2021 ◽  
Vol 59 (3) ◽  
pp. 378-396
Author(s):  
Cvjetana Cvjetković-Ivetić
Keyword(s):  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
Electric Vehicles ◽  
European Economic Area ◽  
Economic Instruments ◽  
Gas Emissions ◽  
European Economic ◽  
Economic Area ◽  
Transportation Sector

In the focus of this paper are the most important economic instruments used in the counties of European Economic Area, as well as in Serbia, in order to encourage the use of electric vehicles. Due to the fact that the transportation sector is responsible for approximate 27% of the greenhouse gas emissions, the application of economic instruments is inevitable. The goal of the paper is to determine which of them have the greatest potential in the protection of the environment. Also, the author will assess the economic instruments used in Serbia in order to promote electric vehicles.

scholarly journals To the introduction of a sustainable mechanism for approximation of the legislation of Ukraine in the field of intellectual property to the legislation of the European Union

2020 ◽  
Vol 3 ◽  
pp. 112-117
Author(s):  
Yurii Kapitsa
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
European Economic Area ◽  
The European Union ◽  
Methodological Issues ◽  
European Economic ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Economic Area ◽  
The Eu

Methodological issues of approximation of the Ukrainian legislation to the EU legislation in the field of intellectual property are considered. The need for adoption of a sustainable approximation mechanism is justified, including the need of defining Ukraine’s commitments to implement the EU acquis; taking into account the experience of European Economic Area countries in applying of the decisions of the Court of Justice; introducing an analysis of the effectiveness of the application of legislation etc.

The country of Iceland freezes out the eponymous supermarket: ICELAND trade marks invalidated

2019 ◽  
Vol 15 (1) ◽  
pp. 4-5
Author(s):  
Darren Meale ◽  
Nicola Walles
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Trade Mark ◽  
Foreign Affairs ◽  
European Economic Area ◽  
The European Union ◽  
Trade Marks ◽  
Goods And Services ◽  
Economic Area ◽  
Food And Beverage

Abstract The Icelandic Ministry for Foreign Affairs and Others v Iceland Foods Limited, EUIPO Cancellation No 14 030 C (Invalidity), 5 April 2019; Icelandic Trade mark Holding ehf v Iceland Foods Limited, EUIPO Cancellation No. 19 387 C (Invalidity), 27 May 2019 Iceland Foods’ European Union trade marks for ICELAND were held invalid for all goods and services in a duo of recent decisions from the European Union Intellectual Property Office Cancellation Division, after The Icelandic Ministry for Foreign Affairs successfully argued that the exclusive rights conferred on the food and beverage retail giant unfairly monopolized what is, of course, the name of a country in the European Economic Area.

Silhouette and the limits of free trade

1998 ◽  
Vol 57 (3) ◽  
pp. 429-471
Author(s):  
Jennifer Davis
Keyword(s):  
Trade Mark ◽  
European Court Of Justice ◽  
European Economic Area ◽  
Control Distribution ◽  
Court Of Justice ◽  
Trade Mark Infringement ◽  
Economic Area ◽  
European Court ◽  
Grey Market ◽  
The Times

EVERYBODY loves a bargain. Supermarkets have found that the sale of cut price designer goods along with the groceries gives them the edge over their rivals, when consumer spending on food is expected to slump (The Times, 22 April 1998). The catch is that trade mark proprietors, such as Calvin Klein, having nurtured brand images, in which high prices and exclusivity reinforce each other, decline to sell their goods to the supermarkets, preferring to control distribution through specialist outlets. The supermarkets' response has been to go shopping on the “grey market”: buying branded goods from third parties, which are sold more cheaply outside the European Community (EC) and the wider European Economic Area (EEA), and importing them into the EEA for resale. The issue decided by the recent judgment of the European Court of Justice, Silhouette International Schmied GmbH & Co. Kg v. Hartlauer Handelsgesellschaft mbH, Case C-355/96 (1998), was whether the importation and resale of such goods without the brand owner's consent constitutes trade mark infringement.

Policy Effects of Anti-Immigrant Party Representation on Aid to Vulnerable European Union/European Economic Area Citizens

2017 ◽  
Vol 66 (1) ◽  
pp. 3-22 ◽  
Author(s):  
Maria Tyrberg ◽  
Carl Dahlström
Keyword(s):  
European Union ◽  
Political Parties ◽  
Welfare Policy ◽  
Policy Impact ◽  
Policy Outcomes ◽  
European Economic Area ◽  
Policy Area ◽  
European Economic ◽  
Policy Effects ◽  
Economic Area

While anti-immigrant parties have been electorally successful in European parliaments, it is still unclear whether they have influenced policies. This article contributes by investigating the anti-immigrant party policy impact on a previously unexplored welfare policy area, that concerning the mobility of vulnerable European Union/European Economic Area citizens. In Sweden, the aid offered to these citizens varies a great deal in different municipalities. Furthermore, the largest anti-immigrant party (Sweden Democrats) has, unlike the mainstream political parties, preferences for a strict policy in line with so-called welfare chauvinism. Taking advantage of this subnational variation, our data give us a unique opportunity to investigate whether anti-immigrant party representation impacts welfare policy outcomes. The empirical findings show a negative correlation between Sweden Democrats’ representation and the aid offered and indicates that municipalities where Sweden Democrats holds a pivotal position offer less aid to vulnerable European Union/European Economic Area citizens. The hypothesis that these effects are conditional upon the ideology of the ruling coalition is, however, not supported.

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