Own name defence

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August undefined, 2024

Web12 hours ago · Mock Spring Game Draft: PSN Conducts Its Own Draft Ahead of Big Game. There wasn’t a draft for this year’s Blue-Gold Spring Game, not with a new offense vs. defense format, but that’s no fun — the lack of a draft part, of course. So, Dominic Campbell and I decided it was time to have our own scholarship spring game draft. We didn’t ... WebSep 13, 2016 · In all, the own name defence is a narrow one with a very limited scope and – in view of potential abuse – justifiably so. A company seeking to register a trademark in Singapore should not rely on this defence as a substitute to performing necessary trademark searches.

Own name defence - South Bank Legal

Webthe own name defence in respect of the swing tags but not the sales calls. Counsel for the Defendants submitted that the cases of Asprey & Garrard Ltd v WRA (Guns) Ltd (supra) and Premier Luggage & Bags Ltd v Premier Co (UK) Ltd (supra) had been impliedly overruled by the judgment of the court in Case C 17/06 Céline Sàrl v Céline SA (par 133). WebOct 13, 2024 · defense (n.) defense. (n.) c. 1300, "action of guarding or shielding from attack or injury; act of defending by fighting; a fortified place of refuge," from Old French defense, … t t exchange

Singapore Court Of Appeal’s First Decision Dealing With The Own Name …

WebOct 25, 2001 · UK: Own Name Defence - Dead Or Alive 25 October 2001 by Gareth Morgan (London) Herbert Smith Freehills Recently the Court of Appeal handed down its judgement … WebOct 1, 2024 · The Federal Court clarified that the own name defence is a narrow exception and use of a contraction of a name would only amount to use of a name if the person is … tt eyebrow\u0027s

The EU Trade Mark Reform: the 10 key changes you should know …

Singapore Trademark Infringement cases - Mirandah Asia

WebJan 11, 2024 · Legally, a key benefit of using your own name as your brand name is that you are less likely to infringe third party rights thanks to the “own name defence”. Within the UK and EU, a trade mark cannot be infringed by someone using their own name in the course of trade, providing they are using it in accordance with honest practices. WebApr 1, 2009 · Turning to the own-name defence, while this was available for legal as well as natural persons (Case C-245/02 Anheuser-Busch Inc v Budejovicky Budvar NP [2004] ECR I-10989), Arnold J held that the first defendant could not rely on it because the names ‘Cipriani London’ and ‘Cipriani’ did not correspond to the exact legal name of the ... ttf07WebJun 1, 2016 · The key changes here are that the “own name” defence no longer exists for companies, and that the “descriptive indications” defence has been expanded. The latter means that defendants using non-distinctive terms that are included within a registered trade mark now have the possibility of raising a defence to infringement. Intervening Rights phoenix beer company menu

"WebAug 10, 2016 · The bona fide use of ‘own name’ is a longstanding defence to trademark infringement in Singapore and Australia. However, although case law on the application of … " - Own name defence

Own name defence

WebJul 3, 2015 · Abstract. A majority of the Court of Appeal decided that, while online fashion retailer ASOS had infringed the claimant's Community trade mark (CTM) for the wor WebJan 15, 2024 · The own name defence could not apply to the defendant’s trading name or the names of its shareholders, but only its legal name. Further, the defendants were aware of the claimant’s right to the “Hotel Cipriani” trade mark, so their use of Cipriani (Grovesnor …

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WebAug 10, 2016 · The bona fide use of ‘own name’ is a longstanding defence to trademark infringement in Singapore and Australia. However, although case law on the application of the defence is sparse in both countries, the Court of Appeal of Singapore and the Federal Court of Australia have recently issued decisions which provide guidance on the … WebApr 27, 2024 · Indian High Court opens the door to the own name defence Namrata Maheshwari, Namrata Maheshwari Lawyers, Ahmedabad, Gujarat, India Emails: [email protected] [email protected] Search for other works by this author on: Oxford Academic Google Scholar Arjun Joshi Arjun Joshi Lawyers, …

WebThe Court of Appeal has held that use of the mark ASOS did create a likelihood of confusion with the trade mark ASSOS; but, by a majority of 2:1, it also decided that Asos could rely on a defence to that infringement since it was using its own name. WebFirearms customization and laser stippling. Make your firearm a one-of-a-kind, family heirloom. We have many samples of our work on our social media @myowndefender. Get …

WebJul 9, 2015 · The South African Trade Marks Act creates various defences to trade mark infringement. One of these is known as the 'own name defence'. The defence… WebApr 30, 2015 · Trade marks: own name defence by Bird & Bird LLP The Court of Appeal has considered infringement and revocation of the ASSOS Community trade mark and the …

WebFeb 15, 2024 · Known, unsurprisingly, as the “own name defence”, a natural person, i.e., an individual, NOT a business, who uses their own name in respect of the goods or services …

WebJan 1, 2016 · Own name defence: a global perspective. In many countries people or even companies have a defence to trademark infringement when using their own names. In … t tex edwardsWebMar 15, 2013 · The so-called own name defence in Article 12 of the Community Trade Marks Regulation specifies that a trade mark cannot be used to prevent a person from using his … phoenix beer mauritiusWebJul 2, 2024 · The 'own name' defence for businesses was removed in respect of EU trade marks valid in the UK last year when the EU trade mark regulation took effect. The majority of the provisions set out in the 2015 Directive must be implemented into national laws across EU member states by 14 January 2024. The implementation is therefore required … t. texas tyler deck of cardsWebJul 15, 2015 · One of these is known as the ' own name defence'. The defence is worded awkwardly, but basically provides that: you aren't infringing a registered trade mark if you … tt exchange rate pattayaWebAug 1, 2013 · No own-name defence may succeed under modern trade mark law unless the infringer uses his name ‘in accordance with honest practices in industrial or commercial … phoenix behavioral health norfolk maWebApr 25, 2016 · The own name defence was seen as a limited necessary defence available in circumstances where, for example, a "Mr or Mrs Kodak" would otherwise be precluded … phoenix bed and breakfast baliWebThe "own name" defence has now been limited so that only natural persons can rely on the fact that they are using their own name or address (Article 12(1)(a) EUTMR, Article 14(1)(a) EUTMD). Companies can no longer rely on this defence, and this will therefore increase the importance for companies of filing relevant trade marks early. t tex gattico