IP analysis: Thom Browne brought an action to invalidate 16 UK trade mark registrations owned by Adidas, all of which comprised their ’three stripes’ design. Adidas counterclaimed that Thom Browne's four stripe pattern infringed their registrations and included claims to passing off. The grounds of invalidity included that Adidas' registrations were unclear, imprecise and inconsistent and so did not constitute ‘signs’ under section 1(1) of the Trade Marks Act 1994 (TMA 1994), as well as being non-distinctive trade marks and subject to revocation for non-use. The case is a strong reminder of the importance of ensuring a trade mark application contains a clear and precise description, even if that means the protection afforded by the trade mark must be narrowly construed. Written by Helene Whelbourn, legal director at Lee & Thompson LLP.
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Passing off—goodwill, misrepresentation and damagePassing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours, get-up and packaging), or rights that had not been registered formally, but have acquired goodwill.
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If Company A was selling a product with their brand name to Company B as part of a business solution which they managed, could Company A include a provision in the contract to obtain the right to remove the branding of the product once the contract is terminated?In such a situation, it would be
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