Holland and Barrett International Ltd and another v General Nutrition Investment Company

Trade mark – Licensing agreement. The judge's decision, that it had not necessarily been implicit in the exclusive licence of a trade mark that the claimant would not make use of any other mark because such an implication was unnecessary owing to the exclusive licence of the mark, involved two errors. The Court of Appeal, Civil Division, in allowing the defendants' appeal, held that it treated marks with overlapping scope as if they were distinct, and it conducted an analysis based on implied terms and necessary implication when the analysis was actually one of construction of a key express term of the contract.

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