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9 Dec 2014, 3:50 am
In the event it was the latter who prevailed.Turning to s 43(1) of the Lanham Act, Neil showed how far it protects unregistered marks and trade dress, sending out a message that trade marks are liked, plaintiffs are welcomed -- with just one downside: it doesn't offer any opportunities for injured consumers to sue [citing the recent Neil-Jeremy Katpost on the consumer protection of trade marks, here]. [read post]
19 May 2015, 12:30 am
These provisions shall also apply when the essential part of the mark constitutes a reproduction of any such well-known mark or an imitation liable to create confusion therewith.This too has its difficulties. [read post]