tag:blogger.com,1999:blog-5574479.post822783395665385817..comments2024-03-28T09:05:22.006+00:00Comments on The IPKat: Trade mark ruling muzzles free and honest speech, says Court of AppealVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-5574479.post-55942499769944137542010-05-25T12:58:20.369+01:002010-05-25T12:58:20.369+01:00I am not at all convinced by the appeal to the fre...I am not at all convinced by the appeal to the freedom of speech. The emphasis quite rightly lies on the word "honest" in consideration 8: "My own strong predilection, free from the opinion of the ECJ, would be to hold that trade mark law did not prevent traders from making honest statements about their products where those products are themselves lawful." We all know that there are limits to the use of someone else's trademark in comparative advertising. If we would put what Bellure has been doing to the test of comparative advertising, I think the outcome would be that this is not an honest use of the famous trademark. Why not let Bellure build a reputation for its product on its own strength and quality? I believe that this is the true debate, not the freedom of speech.Paul Steinhausernoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7947701749410844532010-05-24T01:58:48.163+01:002010-05-24T01:58:48.163+01:00"I thought making judgments was what judges d..."I thought making judgments was what judges did, and determining policy was a matter for politicians".<br /><br />And making a judgment is exactly what the Judge did, despite his distaste for the result. There's nothing to stop him saying the current policy is tosh, however.Luke Ueda-Sarsonnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-62631850192143916582010-05-21T18:19:35.125+01:002010-05-21T18:19:35.125+01:00I thought making judgments was what judges did, an...I thought making judgments was what judges did, and determining policy was a matter for politicians.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-18440249429419478062010-05-21T15:01:13.415+01:002010-05-21T15:01:13.415+01:00Re McPhree, the simple classic lines are protected...Re McPhree, the simple classic lines are protected by unregistered design rights (for a short while, at least)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-75621791542763242752010-05-21T12:57:56.051+01:002010-05-21T12:57:56.051+01:00How is it with making a song that sounds like the ...How is it with making a song that sounds like the original? I know that this is not trade mark but copyright, however ...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-42032343499314053082010-05-21T12:25:56.869+01:002010-05-21T12:25:56.869+01:00wot abt torts, cant passing off come into play? e....wot abt torts, cant passing off come into play? e.g. case involvin ad for solo pub squash. <br /><br />free speech rulz y'all, but what if misrepzn can be shown?ghetto gangstanoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7974432312236579002010-05-21T12:04:40.763+01:002010-05-21T12:04:40.763+01:00How about this as marketing blurb:
"Buy our ...How about this as marketing blurb:<br /><br />"Buy our Splodge watches. They have the simple, classic lines of a Cartier or Rolex watch, but you don't have to pay the premium that goes with their brand name."<br /><br />Sounds good to me.McPhree Ridernoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-31383729740244505232010-05-21T11:32:02.501+01:002010-05-21T11:32:02.501+01:00An interesting discussion. Time for the perfume c...An interesting discussion. Time for the perfume companies to have another go at registering the scents of their perfumes as trade marks? Is disclosing the formulae still too high a price to pay for exclusivity?Janice Trebblenoreply@blogger.com