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Showing posts with the label deception

Trade Marks - Cormeton Fire Protection Ltd v Cormeton Electronics Ltd.

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  Jane Lambert Intellectual Property Enterprise Court (Mr David Stone)  Cormeton Fire Protection Ltd v Cormeton Electronics Ltd and another [2021] EWHC 11 (IPEC) (18 Jan 2021) This was a dispute between parties that had once been closely associated but had subsequently fallen out over rights to use branding that they had previously shared.  The claimant, Cormeton Fire Protection Limited, had collaborated with the second defendant, John Aitchison, to set up the first defendant, Cormeton Electronics Limited, to develop an electronic fire alarm business at the claimant's premises in 1989. The shares in the new company were held by Michael Warburton, a director and secretary of the claimant company, and Mr Aitcheson. Mr Warburton held 60% and Mr Aitcheson 40%. In 2003 Mr Warburton sold his shares and the company found new premises. Cormeton Fire Protection and Cormeton Electronics did different kinds of work but they continued to refer enquiries to each other ...

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...