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31 January 2014
Issue: 7592 / Categories: Case law , Law digest , In Court
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Trade marks

Healey Sports Cars Switzerland Ltd v Jensen Cars Ltd [2014] EWHC 24 (Pat), [2014] All ER (D) 158 (Jan)

It was settled law that the approach of the appellate court in trade mark appeals was that, unless the court was satisfied that a hearing officer had made an error of principle, it should be reluctant to interfere. It was settled law that genuine use meant actual use of the mark by the proprietor or a third party with authority to use the mark. The use had to be more than merely “token”, which meant that it should not serve solely to preserve the rights conferred by the registration. The use had to be consistent with the essential function of a trade mark and had to be by way of real commercial exploitation of the mark on the market for the relevant goods or services. All the relevant facts and circumstances had to be taken into account in determining whether there was real commercial exploitation of the mark. Use of the mark needed not always be quantitatively significant

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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