achieved by a different shape; • the essential elements of a mark are its most important elements—and this must be decided on a case-by-case basis (the Court was unwilling to prescribe
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Chapter
9. Passing-off and trade marks
Chapter
3. Computer programs and databases
licensees in these cases are ‘lawful users’ (they did not have to hack their way in unlawfully). Some databases are available just by browsing the internet, in which case everyone is a lawful
Chapter
7. Patents
restricted by competition law, which is beyond the scope of this book. Key cases Case Facts Principle UnilinBeheer v Berry Floor [2007] EWCA Civ 364n
