This is an extract of our World Wide Fund For Nature V. World Wrestling Federation document, which we sell as part of our Commercial Remedies BCL Notes collection written by the top tier of Oxford students.
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WORLD WIDE FUND
FOR NATURE V. FEDERATION
FACTS The Fund is a well known charity concerned with a broad range of environmental conservation. The name and initials "WWF" were extremely well known worldwide and had enormous recognition. It was founded in 1961 as the World Wildlife Fund. To enhance its image and to raise money it engaged in a number of merchandising activities through gifts, catalogues and licensing. All the goods were consistent it is alleged with the Fund's "image". The Federation was originally known as Titan Sports Inc and was an American company which was the successor in business to the World Wrestling Federation. That organisation used the initials WWF in about 1979 and until the late 1980s, its activities were broadly confined to the United States. Its core business was organisation and promotion of live wrestling entertainment events. By the 1990s it was engaged in the sale of magazines, videos and associated merchandising. The Fund did not object initially to any of this use but when the Federation made a US trade mark application for the initials WWF it objected. The objection was resolved by a Letter of Agreement of September 12, 1989 which placed a minor restriction on the Federation's use of the Initials. By that clause the Federation undertook forthwith to cease and thereafter to refrain from using or causing to be used the Initials whether in printed or written or other visual form in any country of the world in or for the purpose or in connection with its business. It also agreed immediately to cease and thereafter refrain from using or causing to be used the Initials orally in any language in any country of the world in or for the purpose or in connection with the promotional sale or in any other connection with any goods whatsoever; to cease and thereafter to refrain from the encouragement directly or indirectly of support including donations or otherwise for charitable or similar purposes: and to cease and thereafter to refrain from the promotion or sale of or in any other connection with services other than those permitted. Numerous breaches are identified in para.9 of the original Particulars of Claim. These breaches involve two main categories. First, there was a use of what was called the "Scratch" logo which was a different form of logo from that which was authorised. Secondly, there was extensive use of the Initials on the internet. The internet was in a fledgling state at the time of the Agreement. Claim for Wrotham Park Damages: Thereafter the Fund issued two applications. First, by notice dated January 24, 2001 it
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