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.
If mark was used exclusively as description of name of performer, is no infringement.
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Intellectual Property Law | Trade Mark Case Law Notes (68 pages) |