CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 23 JANUARY 2014
Passing off and unfair competition: a report
This afternoon the London office of Baker & McKenzie LLP set the scene for an exciting seminar on Passing Off and Unfair Competition. It was part of a series of seminars - now in its second year - jointly organised by IP journal JIPLP and GRUR, the German Association for the Protection of Intellectual Property.
Baker & McKenzie Partner Ben Allgrove started off by giving an overview over the status quo of English Passing Off law which was informative as it was entertaining. He repeatedly referred back to his first proposition, namely that Passing Off has evolved over time and is continuing to do so - it is by no means static. His second proposition, which was also repeatedly mentioned and taken up both by panelists as well as the audience was that, in practice, there is not much difference between Passing Off and German Unfair Competition law on a day-to-day basis.
Gert Wuertenberger from Munich law firm Wuertenberger Kunze introduced the audience to a number of Acts dating back to 1869 and which have led the way to the current German Unfair Competition Act.
Both speakers concluded their talks with examples of how Passing Off/Unfair Competition law have been applied or could potentially be applied in practice such as with regard to colours, shapes, the smell of perfume, the origin of beer, and even the sound of hens laying eggs!
After the coffee break, an illustrious panel featuring His Honour Judge Richard Hacon QC (recently appointed Intellectual Property Enterprise Judge, England and Wales), JIPLP editorial board members Dr Birgit Clark, Professor Phillip Johnson and Professor Christopher Wadlow engaged with the audience in discussions ranging to topics as diverse as the similarities and differences of Passing Off and Unfair Competition law, the advantages and disadvantages of both systems, the influence of English Passing Off law on German Unfair Competition law, and the interdependence of national Passing Off law/Unfair Competition law and European law.
Chris Wadlow pointed out the difficulty German legislature had when drafting a suitable and balanced Unfair Competition Act. He noted that the first Germapn Unfair Competition Act 1896 was actually based on the English Merchandising Act, and explained how it failed because it was too precise. The subsequent German Unfair Competition law Act of 1909, on the contrary, was too wide, and also failed.
The afternoon ended with an enjoyable discussion of Steiff teddy bears, and how the Steiff 'ear button' ("Knopf im Ohr") may best be protected under trade mark and unfair competition law/passing off.
Tags: seminar, passing off, unfair competition,
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Passing off and unfair competition: a report
This afternoon the London office of Baker & McKenzie LLP set the scene for an exciting seminar on Passing Off and Unfair Competition. It was part of a series of seminars - now in its second year - jointly organised by IP journal JIPLP and GRUR, the German Association for the Protection of Intellectual Property.
Baker & McKenzie Partner Ben Allgrove started off by giving an overview over the status quo of English Passing Off law which was informative as it was entertaining. He repeatedly referred back to his first proposition, namely that Passing Off has evolved over time and is continuing to do so - it is by no means static. His second proposition, which was also repeatedly mentioned and taken up both by panelists as well as the audience was that, in practice, there is not much difference between Passing Off and German Unfair Competition law on a day-to-day basis.
Gert Wuertenberger from Munich law firm Wuertenberger Kunze introduced the audience to a number of Acts dating back to 1869 and which have led the way to the current German Unfair Competition Act.
Both speakers concluded their talks with examples of how Passing Off/Unfair Competition law have been applied or could potentially be applied in practice such as with regard to colours, shapes, the smell of perfume, the origin of beer, and even the sound of hens laying eggs!
Chris Wadlow pointed out the difficulty German legislature had when drafting a suitable and balanced Unfair Competition Act. He noted that the first Germapn Unfair Competition Act 1896 was actually based on the English Merchandising Act, and explained how it failed because it was too precise. The subsequent German Unfair Competition law Act of 1909, on the contrary, was too wide, and also failed.
The afternoon ended with an enjoyable discussion of Steiff teddy bears, and how the Steiff 'ear button' ("Knopf im Ohr") may best be protected under trade mark and unfair competition law/passing off.
This note was written for Class 46 by Kathrin Vowinckel
Posted by: Blog Administrator @ 23.36Tags: seminar, passing off, unfair competition,
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