not if professional supervision is required

original primary meaning must have been eliminated

evidence of length of use

amount of money spent on advertising

easier if used the name separately, not with another sign---(OVEN CHIPS used with McCain's)

easier if the sign is not exclusively descriptive---(FARM FLUID - descriptive - for farm disinfectant)

m.b. also names

can acquire secondary meaning---(MOTHERCARE for clothing for children)

can acquire secondary meaning---(CAMEL HAIR - belts - acquired)

not if really no intent to exploit the name---(STRINGFELLOW'S nightclub - chips)

now some doubt after

difficult to prove

substantial number of personsDe minimus---(0.25% of C's market was enough)

at the time of purchase---(blue reusable adhesive - BLU-TAK - SELLOTAK - same size and colour - but different in appearance - no passing off - because D's blue colour is not visible at the point of sale)

m.b. post-sale - when reading newspaper, not bying

if really strong, m.b. even in other field of business---(LEGO on plastic garden equipment)

if weak - descriptive, slight change m.b. ok---(FURNITURELAND - FURNITURE CITY - not infringed)

somewhat weakened

solicitor JUST EMPLOYMENT practiced for 10y in Guildford - new company - called C's by mistake - passing off

factors

e.g.

must be bold, precise and compelling - like trade description itself

m.b. not mislieading---(Miss World - S&M)

extent of original reputation

continuing promotion

nature of the goods

nature of the mark

must show---(saloon in Paris - no evidence that there were English customers of the Paris saloon)

criticised

enough if show that clients in UKAlthough failed in this case---(shoes)

(restaurant MAXIM's - ok - because loss of business opportunity)

mere reputation is not enough---(only in American air force bases)

factors

BUT!

Tarzan scream

requirements

factors

issues

e.g.

not if really no intent to exploit the name---(STRINGFELLOW'S nightclub - chips)

now some doubt after