February 6th, 2008
Intellectual Property Law - Trade Mark Infringement - What Is The Overall Impression?
The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark.
Section 10 of the Trade Marks Act 1994 provides, so far as is material: ‘(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark’.