Unfair Competition. Trade Mark Infringement. Injunction against Use of Trade Name in Resale of Goods from Which Label Has Been Removed

This edition is based on the U. S. P. XIII, N.F. VIII, N.N.R., 1947, and the British Pharmacopoeia, 1932, and its addenda. The significant change in editorial policy is the enlargement of that portion of each monograph devoted to a discussion of therapeutic uses and dosage of drugs, and an increased emphasis placed upon precautions to be observed during drug administration. Another new feature is the inclusion of the name of the manufacturer or distributor whose trade name or trade mark of the drug being discussed. It contains complete medical and pharmaceutical information of every drug used in medicine.

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Comparative advertising and trade mark infringement: some guidance from the Netherlands

Journal of Intellectual Property Law & Practice ◽

10.1093/jiplp/jpm179 ◽

2007 ◽

Vol 2 (11) ◽

pp. 715-716

Author(s):

K. Verzijden

Keyword(s):

The Netherlands ◽

Trade Mark ◽

Comparative Advertising ◽

Trade Mark Infringement

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14. Defences to trade mark infringement

Intellectual Property Law ◽

10.1093/he/9780198747697.003.0014 ◽

2019 ◽

pp. 320-360

Author(s):

Stavroula Karapapa ◽

Luke McDonagh

Keyword(s):

Intellectual Property ◽

Trade Mark ◽

European Economic Area ◽

European Economic ◽

Trade Mark Infringement ◽

Economic Area ◽

Parallel Importation ◽

Own Name ◽

Scope Of Protection

This chapter looks at the various defences against trade mark infringement and the way in which the courts have interpreted them. A defendant's principal argument will be to deny that there has been any infringing conduct, and/or that what has been done is not within the scope of protection given to the registered mark. There are, however, a number of statutory defences. These defences span from the use of one's own name to a framework outlining the conditions of comparative advertisement and the role of exhaustion of rights as a defence to an action for trade mark infringement, including the ways in which the intellectual property owner can object to the parallel importation of non-European Economic Area (EEA) goods.

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