R v Johnstone [2005] F.S.R.. 10
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:47 UTC
Defendant sold bootlegged CDs with ‘Bon Jovi’ printed on them. ‘Bon Jovi’ was a registered trade mark.
Was prosecuted, and in his defence claimed that he had used names not as indication of origin, but to indicate who performed on CDs.
Lord Nicholls
If mark was used exclusively as description of name of performer, is no infringement.
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