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United Airlines v United Airways

[2011] EWHC 1627 (Ch)

Case summary last updated at 01/02/2020 20:32 by the Oxbridge Notes in-house law team.

Judgement for the case United Airlines v United Airways

C was well-established American airline with worldwide reputation, C was a relatively new Bangladeshi airline which had chosen name ‘United Airways’. C sued under all of sections 10(1)-(3) for infringement of its trade marks. Held:
 
·       Where D deliberately chooses his name so as to benefit from someone else’s reputation,cannot rely on own name defence.
·       Even where this is not case, defence cannot be relied upon unless there is good reason why likelihood of confusion should be tolerated.
Ø  i.e. where D had alternative names to choose from, must show a reason why he used the name in question.
·       On facts, defence did not apply. 

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