Property, intangible

a blog about ownership of intellectual property rights and its licensing

UK “Own Name” Defense

The IPKat posts on a new case involving the “own name” defense under UK trademark law. The Trade Marks Act 1994 provides that “A registered trade mark is not infringed by – the use by a person of his own name . . . provided the use is in accordance with honest practices in industrial or commercial matters.”

The IPKat reports that the court wouldn’t extend the defense beyond a company’s registered name to its trading name. Post here.

© 2008 Pamela Chestek

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