Re: Walking Englishman

"Tim Jackson" <news@xxxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:MPG.2089037e3a67f47b989734@xxxxxxxxxxxxxxxxxxxxxxx
On Fri, 13 Apr 2007 02:58:48 +0100, C R Fishwick wrote...
"Tim Jackson" <news@xxxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:MPG.2088dc284feb6e7a989732@xxxxxxxxxxxxxxxxxxxxxxx

Trade marks don't have to be registered. If you gain a reputation by
using an unregistered trade mark, you can acquire rights under common
law. This enables you to prevent people "passing off" their goods and
services as being yours. Though proving this can be tricky and
expensive, so registration gives better protection.


Citation, please about common law!

[quote]

If you have not registered your trade mark you may still be able to take
action against someone who uses your mark on his or her goods or
services without your permission, using the common law of passing off.

[end quote - from
http://www.ipo.gov.uk/manage/manage-enforce/manage-enforce-passoff.htm ]

The above does not relate to a web address! Sorry you are wrong.


I think you will find it does not & never
has been in the DOMAIN of common law!

See for example the One In A Million case.
http://www.nic.uk/disputes/caselaw/index/million/
http://www.bailii.org/ew/cases/EWCA/Civ/1998/1272.html

One In A Million had registered various domain names, such as
<marksandspencer.com>. The Court of Appeal analysed the common law
relating to passing-off, going back to the reign of Elizabeth I. It
then held that mere registration of these domain names was passing-off.
(You have to scroll down in the above links to get to the Court of
Appeal's conclusions.)

Quite correct! But you will note these specific cases concern BIG business!
And cost them. Fuddy duddies of the court of appeal are rather renown for
their obscure outlooks to say the least!

As for common law going back to the 16/7 th century, I think you are rather
mistaken:-( But, I could well believe it knowing the UKs antiquated laws and
the rest that has been introduced in the last 10 years beggar belief;-)

--
Craven and Pendle Birds:
Bird watching in and around Craven & Pendle.
North Yorkshire and East Lancashire.
http://craven-and-pendle-birding.org/


.

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