Trade Mark Infringement and Honest Concurrent Use in Keywords Advertising

This article will examine Mr. Justice Carr’s recent judgment in Victoria Plum Ltd v Victorian Plumbing Ltd & Others [2016] EWHC 2911 (Ch), handed down on 18 November 2016. The main issue before the Court concerned the defence of honest concurrent use in the context of keywords advertising.

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Liability of an undertaking for the acts of a service provider

Case Summary 5 – ‘VM Remonts’ C-542/14, 21 July 2016 (date of ECJ Judgment)

Issue

For the purpose of Article 101(1) TFEU (EU equivalent of our First Conduct Rule), whether an undertaking would be held liable for a concerted practice arising from the acts of an independent service provider supplying it with services?

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