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Podcast: Trade mark infringement - what can we learn from Fox v Teleta?

Fox is a UK-based supplier of aesthetic and cosmetic products. Teleta is a long-established wholesale trader of pharmaceutical, cosmetic, aesthetic and medical device products.

Judgment for the trade mark dispute between the two was heard before the IPEC and handed down on 23 June 2021.

The case demonstrates the need to carefully consider all circumstances before sending a letter before action and threatening trade mark infringement. You should also ensure that terms and conditions set out in a distribution agreement are adhered to in order to avoid bad faith claims arising.

In this podcast, I discuss the background and conclusions of the claim and argue the importance of checking the background conditions in order to avoid bad faith claims arising.

Listen to the podcast here.

The parties deal in aesthetic and cosmetic products and the case is a cautionary tale for brands, to always check that suspect goods are, in fact, infringing their marks.

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Tags

brands, trade mark and design