CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MONDAY, 14 FEBRUARY 2011
Play-Doh ruling goes Hasbro's way
US-based Hasbro scored a notable victory last week in the High Court, England and Wales, in an action for trade mark infringement and passing off against 123 Nährmittel and its UK supplier MAPS Toys. Hasbro, owner of the PLAY-DOH trade mark, objected to the use of the tagline "the edible play dough" by a competitior in respect of its YUMMY DOUGH.
Following an eight-day trial Mr Justice Floyd gave judgment in favour of Hasbro, finding that the defendants did not act in accordance with honest practices in industrial and commercial matters. The defendants' counterclaim for invalidity and revocation was dismissed in its entirety. The 52-page decision, which you can read in full here, is particularly interesting in its treatment of an allegedly descriptive use of an inherently descriptive term, where that use overstepped the bounds of honest commercial practice.
Posted by: Blog Administrator @ 08.46
Tags: Infringement, passing off,
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Play-Doh ruling goes Hasbro's way
Source: press release from Wragge & Co., who acted for Hasbro in these proceedings.
Tags: Infringement, passing off,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2252
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