tag:blogger.com,1999:blog-4513524515428334509.post7435358670480360098..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Logos and textbooksMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4513524515428334509.post-38074240147282029502011-07-26T14:40:41.245+01:002011-07-26T14:40:41.245+01:00Thanks for the clarification, Hugo.Thanks for the clarification, Hugo.AndyJnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-78463419799819469842011-07-26T09:51:03.005+01:002011-07-26T09:51:03.005+01:00@ AndyJ - I was making a number of points. The mai...@ AndyJ - I was making a number of points. The main point is that the judgments are worthy of note as additions to the case law on copyright protection of simple trade marks both because of the limitedness and type of creative input in the logos and because of the test of originality that is applied.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-27059575670915809722011-07-25T20:15:52.121+01:002011-07-25T20:15:52.121+01:00Regretably my reaction on getting to the end of th...Regretably my reaction on getting to the end of this piece was 'And your point is?' <br />It's long been known that there is considerable overlap between copyright and trade marks (just as there is between copyright and the surface decoration aspects of Registered Design Right) especially where marks are graphical in their form, and it has always been open to the litigant to decide which is the better route to success, based on the facts in the case. <br />Each route has its merits: substantiality is a relatively high hurdle but once cleared, liability is strict, whereas similarity and likelihood of confusion are lower hurdles but are limited by the class(es) in which the mark is registered, and defences such as honest use, earlier right etc come into play. And of course the tort of passing off can readily support a claim of trade mark infringement but will rarely assist in copyright infringement. The wily litigant will naturally resort to alternative claims in order to multiply the chances of success, as in <i>Westwood</i>.AndyJnoreply@blogger.com