| Commentary

92 Trade mark infringement

| Commentary

92 Trade mark infringement

Under the Trade Marks Act 1994, the use of a competitor’s trade mark for the purpose of identifying goods or services is not an infringement of that mark, provided that the use is in accordance with honest practices in industrial and commercial matters, and does not without due cause take unfair advantage of, or is not otherwise detrimental to, the distinctive character or repute of the trade mark1. However, it is important to note that there is no equivalent provision that permits the use of a competitor’s copyright material (including, inter alia, a logo which qualifies

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