tag:blogger.com,1999:blog-5574479.post115398853262939538..comments2024-03-28T08:10:18.991+00:00Comments on The IPKat: NO SAFE WAY TO BREAK UP; LATEST ECDRVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-1154681107235072592006-08-04T09:45:00.000+01:002006-08-04T09:45:00.000+01:00Lawtel has now republished its report of this case...Lawtel has now republished its report of this case together with the full (corrected) transcript. Since a trademark is a mark of origin, allowing a licensee to use its own trademark on your goods will always give him some benefit in connection with selling his other goods. That must be inevitable. The injunction granted seems mainly to relate to the contractual issues and therefore very much on its own fact rather than this interesting issue of principle.<BR/>Patten J. decides that he won't resolve the issue of whether the misrepresentation in this case is actionable as passing off when the replacement product has a quite different technical origin.<BR/>The parties would be prudent to settle this case especially the publicity must have made most customers aware that the new Messagelabs product doesn't have the same technical origin as the old. Sadly, their services are now beyond my touch and I have to suffer the junk mail.Filemothttps://www.blogger.com/profile/15735898485265104580noreply@blogger.com