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Branding - Student Union Lettings Limited v Essex Student Lets Limited

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University of Leicester Author NotFromUtrecht Licence Creative Commons Attribution-Share Alike 3.0 unported Source Wikipedia Jane Lambert Intellectual Property Enterprise Court (Miss Recorder Michaels)  Student Union Lettings Limited v Essex Student Lets Limited [2018] EWHC 419 (IPEC) (7 March 2018)  This was an action for trade mark infringement and passing off . The Mark The mark alleged to have been infringed was the word SULETS.  It was registered as a trade mark under registration number  UK00003101453  with effect from 27 March 2015 for the following services: Class 36: " Accommodation letting agency services; property management services; property leasing services; land management and leasing services; advisory services in relation to all the aforesaid" Class 37 : "Property development (construction) services; property renovation, repair and maintenance services; property cleaning services; advisory services in relat...

Passing off - Fenty v Topshop

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Topshop, Oxford Circus   Source Wikipedia Mr. Justice Birss summarized the issues in  Fenty and Others v Arcadia Group Brands Ltd (t/a Topshop) and Another  [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 admirably in paragraph [1] of his judgment in that case: "Topshop is a well known fashion retailer. Rihanna is a famous pop star. In March 2012 Topshop started selling a t-shirt with an image of Rihanna on it. The image was a photograph taken by an independent photographer. Topshop had a licence from the photographer but no licence from Rihanna. Rihanna contends that the sale of this t-shirt without her permission infringes her rights. Topshop does not agree. This action is the result." In the next paragraph his lordship stressed that this case was not concerned with so called "image rights": "Whatever may be the position elsewhere in the world, and how ever much various celebrities may wish there were, the...