My colleague and fellow Brodies Techblogger Mark Cruickshank has an interesting article in this month’s Journal of the Law Society on a recent intellectual property dispute based on colour.
The pursuer successfully argued that the colour a competing business had painted its premises created a prima facie case of passing off and obtained an interim order from the court preventing the competing business from trading under those colours. Brodies advised the pursuer in the case.
The case emphasises the importance of getting early advice in IP disputes, and the flexibility of the law of passing off. You can read more by following this link.
On December 19, 2013