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| Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else (63840) | |||
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Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else |
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Posted by Peter Rosa on Tue Mar 15 11:00:15 2005, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Fytton on Tue Mar 15 10:47:50 2005. In UK law, a trademark applies to a particular good or service, not to everything. So if the MTA has registered an F in a particular typeface on an orange bullet background as a trademark for a subway service, in the UK that wouldn't stop someone supplying bagels from using the same trademark. Bagels and subway services are very different things! On the other hand, if the bagel shop was held to be implying that it had an MTA endorsement by using their trademark, the offence of "passing off" could be alleged.Anout 15 years ago, when Toyota was introducing the Lexus brand, the Lexis legal and news information service claimed that the name would infringe on its trademark despite the slightly different spelling. Both sides settled the matter without litigation, after it became obvious that the items in question were so vastly different from one another that no consumer confusion would result. My LIRR/NYCT blog |
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