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I also put Field Fisher Waterhouse LLP (UK law firm) on express notice of the relevent laws and case laws.

Passing off: 

The remedy for passing off is intended to prevent unfair trading practices/unfair competition. Neither I nor this website are a competitor of Field Fisher Waterhouse LLP or a subsidiary of.

Article 10bis of the Paris Convention for the Protection of Industrial Property confers on the member states to make provision for Unfair Competition.

Case Law: 

Reckitt & Colman Products Ltd v Borden Inc (Jif Lemon case) [1990] RPC 341
Perry v. Truefitt (1842) 

The basic test for claiming passing off is for the claimant to satisfy the “classic trinity” and it is also of utmost important to remember that mere confusion which does not lead to a sale is not sufficient to satisfy one of therequirements. 

Trademark Infringement:

First Council Directive 89/104/EEC Article 5 Rights conferred by a trade mark.

1. The registered trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade: 

The Trade Marks Act 1994 ("the 1994 Act")

10. - (1) A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered. 

COUNCIL REGULATION (EC) No 40/94

Article 9: Rights conferred by a Community trade mark

1. A Community trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:

Case  Law: 

British Telecommunications Plc & Ors v One In A Million Ltd & Ors [1998]

 “The motive of the appellants was to use that goodwill and threaten to sell it to another who might use it for passing-off to obtain money from the respondents.”

"if the name could be used for a legitimate purpose, it was not a vehicle of fraud and injunctive relief would not be granted unless it was established that the defendant either threatened to pass-off or was, with another, part of a common design to pass-off.”

"The mere creation of an "instrument of deception", without either using it for deception or putting it into the hands of someone else to do so, is not passing-off.  There is no such tort as going equipped for passing-off.  It follows that the mere registration of a deceptive company name or a deceptive Internet domain name is not passing-off." 

Julius Sämann Ltd & Ors v Tetrosyl Ltd [2006] EWHC 529 (Ch) (17 March 2006)

“62. The national court must also confirm whether the use made in the present case is one "in the course of trade" and "in relation to goods" within the meaning of Art.5(1) of Directive 89/104 (see, inter alia, Arsenal Football Club, [40] and [41]).” 

Declaration of non-infringement / Remedy for groundless threats of infringement proceedings.

Article 21 of the Trade Marks Act 1994 and Article 92 of COUNCIL REGULATION (EC) No 40/94.  

LAWFUL ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS REQUIRES ONE TO FOLLOW CPR.
 Procedure for registration of a foreign judgment:
A foreign judgment is not automatically enforceable in England. Its registration is dependent on the English court being satisfied that particular conditions have been met. The procedure for the registration of foreign judgments is that the judgment or certified copy, together with a translation into English of the original judgment if it is in a foreign language, is lodged with the High Court of Justice in England, together with an affidavit in support of the application for the judgment to be registered.

Judgments of countries with whom there is no reciprocal enforcement treaty and which are not party to the Convention may be enforced by bringing an action on the judgment.  There is, for example, no treaty between the United Kingdom and the United States of America.

Civil Procedure Rules Part 74
Applications for registration
74.3
(1) This Section provides rules about applications under –
    (a) section 9 of the 1920 Act, in respect of judgments to which Part II of that Act applies;
    (b) section 2 of the 1933 Act, in respect of judgments to which Part I of that Act applies;
    (c) section 4 of the 1982 Act; and
    (d) the Judgments Regulation
for the registration of foreign judgments for enforcement in England and Wales.
(2) Applications –
    (a) must be made to the High Court; and
    (b) may be made without notice.

PRACTICE DIRECTION – ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS
This Practice Direction supplements Part 74
Registers
3.There will be kept in the Central Office of the Senior Courts at the Royal Courts of Justice, under the direction of the Senior Master –
(1)
registers of foreign judgments ordered by the High Court to be enforced following applications under –
(a) section 9 of the 1920 Act;
(b) section 2 of the 1933 Act;
(c) section 4 of the 1982 Act; or
(d) the Judgments Regulation;

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