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Reports of Patent, Design and Trade Mark Cases Advance Access published online on March 5, 2008
Reports of Patent, Design and Trade Mark Cases, doi:10.1093/rpc/rcn009
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© Crown Copyright

[2008] R.P.C. 13

Rxworks Ltd v Dr Paul Hunter

High Court of Justice (Chancery Division)

(Daniel Alexander, Q.C. sitting as a Deputy High Court Judge): November 30 and December 20, 20071

[2007] EWHC 3061 (Ch), [2008] R.P.C. 13

Trade mark—Threats—Whether justified—Counterclaim for infringement—Application by claimant for summary judgment on issue of infringement—"VET.LOCAL" registered for software—Use of term "vet.local" as folder or directory name or as a domain name in claimant's software—Whether use in the course of trade—Whether necessary for mark to be visible at point of sale—Meaning of "use in relation to"—"Trade mark use"—Whether use affected the function of the trade mark—Perspicacity of average consumer—Proper approach to an application for summary judgment


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