Writing Resources
A NEW TYPE OF TRADE MARK INFRINGEMENT OR A BENCHMARK FOR ONLINE RETAILERS Here's one case which involves an online retailing businesses that is having a link with Trade mark Law Jadebay Ltd and others v Clarke Coles Ltd t a Feel Good UK 2017 EWHC 1400 IPEC However overlooking the customary practice of online retailing methods the Intellectual Property Enterprise Court followed the theoretical root of the Trade mark laws and over turned such practices by upholding that re use of a third party s Amazon listing without consent to sell the same goods may on appropriate facts amount to trade mark infringement or passing off The factual matrix of this case lies as below In this matter there were two claimant the first one was the statutory and common law owner of the Trade mark Design Elements for the purpose of flagpoles plastic storage box garden furniture while the second Claimant was the sole licensee since 2011 to sell the products of the first claimant These products were also sold through online shopping portal namely www amazon co uk via three listings created by the second claimant
