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29 Nov 2016, 2:44 am
  The Defendants accepted that the Claimant had a reputation in its cups but denied that the Claimant had acquired goodwill in the get-up.The Defendants' cupsThe key English cases on passing off of shape and/or get-up were considered from Reckitt & Colman v Borden (Jif Lemon) to Schweppes v Gibbens and, more recently, Numatic v Qualtex. [read post]
30 Jun 2016, 9:01 pm by John Dean
While there is a so-called “political question” doctrine, first established in Luther v. [read post]
23 Jan 2016, 10:50 am by JB
Borden, Chief Justice Taney argued that the question of guarantee was inherently political and therefore was not justiciable. [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
Robert Bone – Notice Failure and Defenses in Trademark Law  Bone’s basic argument: Principal notice issue in TM is uncertainty about scope, and principal problem is chilling effects. [read post]
28 May 2015, 4:00 am by Ken Chasse
Many operate on several million lines of software code, and it has an error rate as do most things created by people. [read post]
17 May 2015, 1:08 am
It is not sufficient that the repute would lead people in England to visit the venue when they visited Paris (Alain Bernardin et Cie v Pavilion Properties Ltd [1967] RPC 581). [read post]
4 Dec 2014, 11:03 am
“I think it’s a win for people who sometimes are victims of circumstance and find themselves at the hands of the big chartered banks who immediately run off to Bay Street and hire very expensive lawyers at basically the expense of ordinary people. [read post]
10 Oct 2014, 6:11 am by Jim Sedor
Three people who had ties to the organizations were later convicted of federal crimes. [read post]
10 Jun 2014, 5:11 am
  Interflora Inc v Marks and Spencer plc [2012] [noted by the IPKat here] established that, even if most people are not deceived, passing off can still be proved. [read post]