tag:blogger.com,1999:blog-5574479.post5293102476788911593..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Struggling to understand trade mark infringement issues? Here's my checklistVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-5574479.post-16859766713141504342016-10-05T11:35:32.429+01:002016-10-05T11:35:32.429+01:00HI
So if a state school were to adjust a trademar...HI<br /><br />So if a state school were to adjust a trademark for a piece of art display, would this be an infringement?<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-63910995711894928282016-08-25T17:07:54.162+01:002016-08-25T17:07:54.162+01:00Hi, I'm struggling to find clarification on th...Hi, I'm struggling to find clarification on this so perhaps you can help? Can a trademark that ISN'T being used in the course of trade be opposed?MrCairneyhttps://www.blogger.com/profile/13578487008681517582noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-69081603791904575012016-05-04T22:38:54.436+01:002016-05-04T22:38:54.436+01:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/05889334512142481750noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22398096186412037772016-03-16T22:48:05.948+00:002016-03-16T22:48:05.948+00:00Hi John, I believe that would come under the defen...Hi John, I believe that would come under the defence of 'descriptive use' mentioned in the list above!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-79703744453871750932015-11-16T10:22:02.417+00:002015-11-16T10:22:02.417+00:00Am I allowed to use a trademark in my online descr...Am I allowed to use a trademark in my online description of my product to state that my product is compatible with the trademark?<br /><br />For example the cable I use to link my iPod to my BMW is sold as an "iPod BMW Cable". Is this infringing the iPod and BMW trademarks?<br /><br />My specific problem is that I sell DVDs which teach moves for Modern Jive. The biggest brand in Modern Jive is Ceroc. I sell a DVD called "The Modern Jive Toolkit" Can I use a description such as "The Modern Jive Toolkit - Improve your Ceroc and LeRoc" on eBay and Amazon without infringing Ceroc's trademark?<br /><br />Thanks. JohnJohn Sweeneyhttps://www.blogger.com/profile/04696743125973840803noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-13449694539287429632015-03-04T09:00:15.225+00:002015-03-04T09:00:15.225+00:00Interesting and helpful checklist Eleonora.
I woul...Interesting and helpful checklist Eleonora.<br />I would add Reputation and associations in p.6 because one of the negative consequence from trademark infringement is the possibility for ruining trademark reputation in consumer mind.<br />Both reputation and association is important characteristic for trademark functions as they support consumers in their choice in my opinion.<br /><br />Best wishesVentsi Stoilovnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7539680218263715132015-03-03T09:44:50.375+00:002015-03-03T09:44:50.375+00:00It also occurs to me that although the check list ...It also occurs to me that although the check list is specifically entitled 'trade mark infringement' would it not be appropriate to include a short comment about passing off, as this tort frequently involves both registered and unregistered trade marks?Andy Jnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-31997528418256202892015-03-02T16:49:54.178+00:002015-03-02T16:49:54.178+00:00I'm not sure that the statement "And no d...I'm not sure that the statement "And no defences are available to defendant" is strictly helpful, since there defences or at least grounds for revocation which might amount to the same thing, some of which you go on to list. One you haven't mentioned, in regard to UK law, is acquiescence (<a href="http://www.legislation.gov.uk/ukpga/1994/26/section/48" rel="nofollow">s 48 TMA 1994</a>).Andy Jnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72486775957026580662015-03-02T14:33:43.395+00:002015-03-02T14:33:43.395+00:00Thanks so much for your encouragement Vicky! I am ...Thanks so much for your encouragement Vicky! I am not sure yet ... if so, I will make sure to post it here! Good luck with your course :-)Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-41718575526903213742015-03-02T14:18:17.832+00:002015-03-02T14:18:17.832+00:00This is brilliant - so helpful, thanks! I'm cu...This is brilliant - so helpful, thanks! I'm currently doing the Cert in TMs at Queen Mary's, but like you say there aren't that many useful summaries around. I've spotted your copyright checklist, any chance you are working on one for design law??Vickynoreply@blogger.com