The Relative Grounds for Refusal of Registration, Infringement, and Remedies
- Tanya AplinTanya AplinLecturer in Law, School of Law, King’s College, London
- and Jennifer DavisJennifer DavisFellow of Wolfson College, Cambridge
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the relative grounds for refusal to register a trade mark; acts that constitute infringement; and remedies for infringement. It considers the finding of the Court of Justice of the EU that the investment, advertising, and commercial functions of a trade mark will be protected as well as its role as a badge of origin in cases of ‘double identity’ under the Trade Marks Directive. The chapter considers possible changes to the position under the new Trade Marks Directive and looks at the CJEU’s interpretation of cases where a third party is deemed to have taken unfair advantage of a trade mark with a reputation. It also discusses the use of trade marks on the internet and the implications for findings of infringement.