Enforcement / Infringement Flashcards
What is the test for whether a website is ‘targeting’ a territory?
Assessed from the perspective of an AC in that territory, in all the circumstances
What’s the leading case for third party website sales?
L’Oreal v Ebay - the sellers were liable, but eBay wasn’t
Is there such a thing as de minimis trade mark use?
Perhaps the tiniest sliver - Trebor Bassett
What was the outcome of Google France in the ECJ?
No liability for Google
Liability for sellers - purchasing a referencing service is use of a sign ‘in relation to’ the relevant goods services; likely to interfere with origin function
What’s the test re. the origin function from Victoria Plumb?
Unable to ascertain the source of the goods (or to do so only with difficulty)
What’s the leading case on composite marks?
Specsavers - ECJ referral said to take into account all respective associations
What’s the leading case on free-riding?
L’Oreal v Bellure - “benefit from the power of attraction of the earlier mark” “riding on the coat tails”
For free-riding, does there need to be any damage?
No - whirlpool
What’s the leading case on blurring?
Intel - weakening origin function. (Also Interflora - genericide.)
What do you need to show for blurring?
That C’s customers will (or there is a SERIOUS risk that they will) change their economic behaviour
Name a case for damage to repute / tarnishing
Claeryn
