Marketing a service or product is a very important part of creating brand awareness and generating sales. Brand names have meaning to people. They are associated with good reputation or in some cases not so good. Businesses spend millions on building brand names and creating brand awareness. Obviously a great way to promote your business is to use these brand names in your website business description, item descriptions, keywords, search tags to try to project the image that you are associated with them. There will be no repercussions if you use brand names, right? Well not quite.
Making trade mark infringement cases should always start with a letter, then the follow up formal document in the appropriate legal format setting out the causes of action are crucial and should not be attempted lightly. This formal document making trade mark infringement cases is called a pleading.
There are different styles and methods of preparing these pleadings. Once the substance has been covered then differences are mainly down to style. In the recent case of Enterprise v Europcar incidentally addressed the subject of how pleadings are prepared when making trade mark infringement cases.
Accepting website terms is often overlooked by business owners although every serious Internet business owner knows that they must have website terms and conditions of business. here is not much point having well thought out and drafted bespoke website terms without dealing with accepting website terms.
The case of Orvec International Limited v. Linfoots Limited is a very good case in point. Heard on the 06th May 2014, judgment was handed down on the 18 June 2014 by HH Judge Hacon.
At the outset of discussing the Rihanna passing off case it is important to note that the case of Fenty v. Arcadia  EWHC 2310 (Ch) (the “Rihanna case”) is not a case that is concerned with image rights, but passing off, Mr Justice Birss was at pains to assert this at the outset of his judgment.
Passing off survey evidence, Zee TV is refused permission to adduce trade mark infringement and passing off survey evidence. Appeal from the High Court of Justice Chancery Division Before: Lord Justice Elias, Lord Justice Lewison and Lord Justice Floyd