Joel Smith and and Mitchell Beebe have had an article published in OUP's Journal of Intellectual Property Law and Practice "Out ‘plumb’: High Court of England and Wales considers the honest concurrent use defence to trade mark infringement" which reviews Carr J's decision in Victoria Plum Limited v Victorian Plumbing Ltd [2016] EWHC 2911 (published in JIPLP 17 January 2017).
Summary: In its decision of 18 November 2016, the High Court of England and Wales held that bidding on keywords can amount to trade mark infringement. While the Court found that the defence of honest concurrent use would be available in principle, it ruled out its applicability to the facts at hand. The Court also accepted a counter-claim of passing off.
You can read the full artile via this link: https://academic.oup.com//jiplp/article/12/3/163/2918111/Out-plumb-High-Court-of-England-and-Wales?guestAccessKey=997c8267-22ee-4692-993e-c369b0cb5e62,
Authors
Key contacts
Laura Orlando
Italy Managing Partner, Joint Global Head of Intellectual Property, EMEA Co-Head of Life Sciences, Milan
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