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Spotify and Forgotify

Written by Michael Coyle on 01 February 2014

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Any starting point on the law on infringement of UK registered trade marks is set out in the Trade Marks Act 1994 ('TMA'), and the EU Trade Marks Directive (2008/95/EC) ('the Directive') Infringement of European Community trade marks ('CTMs') are contained in the Community Trade Mark Regulation 207/2009/EC ('The CTM Regulation').
 
I am being somewhat mischievous as any users of the forgotify must be logged on to spotify so the owners of the music website have obviously provided their consent to the  use of their name.

Usually trade mark infringement occurs where a registered trade mark is used in the course of trade without the proprietor's consent in any of the following circumstances:

1. The sign used by the infringer is identical to the registered trade mark and is used in relation to goods or services which are identical to those for which the trade mark is registered (section 10(1), TMA; Article 5(1)(a), Directive; and and Article 9(1)(a), CTM Regulation).


2. The sign used by the infringer is:

identical with the registered trade mark, and used in relation to the goods or services which are similar to those for which the trade mark is registered; or


similar to the registered trade mark, and used in relation to goods or services which are identical or similar to those for which the trade mark is registered;


and, in each case, there exists a likelihood of confusion on the part of the public, which includes a likelihood of association (section 10(2), TMA; Article 5(1)(b), Directive; and Article 9(1)(b), CTM Regulation).


3. The sign used by the infringer is identical or similar to the registered trade mark, the trade mark has a reputation in the UK, and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark (section 10(3), TMA; Article 5(2), Directive; and Article 9(1)(c), CTM Regulation).

MJC.

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