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.
