Journal Article

Article 81 is a defence to a plea of trade mark infringement

Jennifer Jones

in Journal of Intellectual Property Law & Practice

Volume 1, issue 9, pages 570-572
Published in print August 2006 | ISSN: 1747-1532
Published online July 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl102
Article 81 is a defence to a plea of trade mark infringement

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The Court of Appeal in Sportswear considered the interaction between the EU principle of free movement of goods and respect for trade marks rights. In overturning the decision of Mr Justice Warren to strike out an Article 81 defence to trade mark infringement, the court found that there was a sufficient nexus between the Article 81 defence and the trade mark infringement claim.

Journal Article.  1456 words. 

Subjects: Arbitration ; Intellectual Property Law

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