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United Kingdom
infringementpassing offlikelihood of confusion
PlanetArt LLC v Photobox Ltd
[2020] EWHC 713 (Ch)
Key Principle
Use of a similar app icon and branding can infringe a registered trade mark under sections 10(2)/10(3) of the Trade Marks Act 1994 even in the digital app-store environment, but a claim in passing off requires distinct proof of misrepresentation and may fail where trade mark infringement succeeds only on the icon.
Area of Law
General
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