Cases

Jules Rimet Cup Ltd v The Football Association Ltd

Comment

This decision is important in respect of each of passing off, trade marks and copyright. In passing off it demonstrates that, in certain circumstances, goodwill in a getup can endure for a very long time despite there having been no commercial activity; in copyright it clarifies the effect of section 52 of the CDPA 1988 relating to the duration of copyright in artistic works; while, perhaps most significantly, in trade marks it establishes that an applicant for a trade mark may rely upon the fact that he sought legal advice as a defence to an allegation of bad faith, but in order to do so must disclose the advice that was sought and the full advice that was received.

Areas of work

Copyright
Intellectual Property
Passing off
Trade Marks

Also