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21 Jun 2013, 7:45 am
According to the trial judge, two of the three elements of passing off were present, but that there had been no misrepresentation leading the public to believe that Sweet Squared's products were those of Lumos: Sweet Squared had only modest goodwill in the LUMOS mark by the time Sweet Squared began selling its products, and that goodwill did not extend beyond a particular niche within the market. [read post]
18 May 2015, 11:01 am
 * Reputation, goodwill and passing off in the UK: a further look ...Following David's post on the UK Supreme Court's hot-off-the-press ruling in Starbucks v British Sky Broadcasting, Katfriend Flora Cook (Kilburn & Strode) pens another note on that judgment, thinking about it from the perspective of what it means to a litigant who has nothing at his disposal but an unregistered trade mark, known by some members of the public (ie having a… [read post]
8 Dec 2007, 7:17 am
Moses Boulevard, Suite 370 Dayton, OH 45408 Phone: (937) 461-3305 E-mail: trcdoh@aol.com Dayton Microcomputer Association 301 Valley Street Dayton, OH 45404 Phone: (513) 229-3657 Web: http://www.dma.org Disabled Electronic Resource Exchange Project Project dERE Inc., North 3985 Osage Street Gahanna, OH 44224-3503 Phone: (330) 686-6570 Web: http://users1.ee.netcddir/dere.htm#mark6 M.U.S.I.C. [read post]
7 Nov 2007, 5:17 am
Beseder Inc., 2007 WL 3238703 (D. [read post]
19 Jan 2012, 9:54 pm by Gordon Smith
., Inc., 673A.2d 148 (Del. 1996) in my casebook, but it's an interesting case nonetheless. [read post]
22 Sep 2009, 3:59 am
Such a use cannot therefore be considered as being a use made in relation to goods or services identical or similar to those covered by the trade marks [even if it affects the mark's essential function or damages its goodwill? [read post]
29 Jun 2007, 12:40 pm
Phoenix of Broward, Inc. v. [read post]