Animated Music Ltd’s Trad Mark; Application for revocation by Dash Music Co Ltd, 2004, ETMR 79 TMR
Citation: Animated Music Ltd’s Trad Mark; Application for revocation by Dash Music Co Ltd, 2004, ETMR 79 TMR
Rule of thumb: What is the test for trade mark infringement/ passing off? You have to place yourself in the shoes of the average person (of average intelligence & awareness) and ask ‘yes’ or ‘no’ if you could be mixed up. If the answer is ‘yes’ then it is an infringement.
Judgment:
‘how the use of the sign would be perceived by the average customer of the type of goods in question’.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.