Out of circulation: no trade mark infringement of goods in transit

2008 ◽  
Vol 3 (6) ◽  
pp. 353-354
Author(s):  
M. Dennis
Keyword(s):  
Trade Mark ◽  
Trade Mark Infringement ◽  
In Transit

Scope of Protection, Limitations, 
and Enforcement

2016 ◽  
Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman
Keyword(s):  
Trade Mark ◽  
Trade Marks ◽  
Trade Mark Infringement ◽  
In Transit ◽  
Scope Of Protection

This chapter explores the scope of protection and considers trade mark conflicts from the perspective of trade mark infringement and enforcement. It also considers conflicts between trade mark and other types of rights over commercial indicia. The concepts of use, confusion, and protection of trade marks with reputation together with their related tests have been developed in Chapter 5. In this chapter we revisit them from an infringement perspective where the comparisons courts have to make become more concrete, and market and factual contexts become even more relevant. Issues specific to the enforcement of the Community trade mark are considered towards at the end of this chapter together with a discussion on goods in transit.

Trade Mark Infringement through Goods in Transit

2020 ◽  
Vol 69 (2) ◽  
pp. 185-187
Keyword(s):  
Trade Mark ◽  
Case Note ◽  
Trade Mark Infringement ◽  
In Transit

Goods in Transit; with Case note by Ivan Stepanov

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.

Sign in / Sign up

Export Citation Format

Share Document