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R v Johnstone

[2005] F.S.R.. 10

Case summary last updated at 01/02/2020 19:55 by the Oxbridge Notes in-house law team.

Judgement for the case R v Johnstone

D 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. Held:
 
Lord Nicholls
·       If mark was used exclusively as description of name of performer, is no infringement.

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