Charlotte Duly writes for CITMA Review on the China Tang trade mark infringement case
Charlotte Duly, Head of Brand Protection, writes for CITMA Review on the China Tang trade mark infringement case.
In the article she dissects the decision which involved a range of legal issues.
She covers the below key points:
- It is easy to see how personal attachment to a trade mark can arise, but where an earlier right is later discovered, a controlled rebrand can be less costly than a dispute
- Honest concurrent use is a difficult defence to put forward
- When considering whether to rely on infringement, passing off, or both, it is important to consider the different requirements for success.
Read Charlotte's full article in CITMA Review.
