The Ukulele Orchestra of Great Britain v Clausen and another

European Union – Trade marks. The claimant issued proceedings against the defendants alleging breach of a community trade mark, passing off and copyright infringement. The defendants asserted a defence of use in accordance with honest practices and challenged the validity of the registration of the mark. The Intellectual Property and Enterprise Court held that the mark had been invalidly registered as it was not distinctive, nor had it acquired distinctiveness. Had that not been the case, the mark would have been infringed and the pleaded defence would have failed. While the claim of copyright infringement in two dramatic works failed, the claim of passing off succeeded.

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