Since 1965, the Plaintiffs, Fairytale Footsie Company Limited, have manufactured ladies’ slippers and marketed them under the unregistered trademark “Cinderella.” One of their special lines is a ladies slipper designed for holiday use. It is a soft slipper which folds over and fits into a pouch which can be easily packed in a suitcase. While the foldaway slippers have various designs and colors, the pouch is always black with a white stud fastener and “Cinderella” in distinctively ‘swirly’ white letters with a white wand and stars above the letters. About 100,000 pouches containing slippers are sold each year in the British Isles and they are one of the country’s leading gift items in the ladies’ accessories market.
In 1994, the Defendants began to market ladies’ sponge bags and make-up bags under the name “Snow White.” The bags themselves vary in design and color but they are all sold in black pouches with a white stud fastner and with the words “Snow White” in similarly ‘swirly’ white letters, although there are no stars or wand.
On learning of the Defendants’ products, the Plaintiffs applied for an injunction restraining the Defendants from passing their products off as those of the Plaintiffs. The Plaintiffs also sought damages.
The Court ruled that the public would not be deceived or led to believe that the Defendants’ goods were made by the Plaintiffs, because the parties did not share a common field of trading activity as the Plaintiffs’ reputation was limited to slippers.
What do you believe? Find three cases the may help you make a determination as to whether the Court was correct or incorrect in its ruling for the defendant. Draft a short essay (500 word) comparing the cases you found to the above-fact pattern. Properly cite to your cases in your essay.
Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.
You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.
Read moreEach paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.
Read moreThanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.
Read moreYour email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.
Read moreBy sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.
Read more