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UK Supreme Court hints at reluctance to adopt post-sale confusion doctrine

By Melissa Ritti ( March 17, 2025, 21:05 GMT | Comment) -- The justices of the UK Supreme Court were, at times, skeptical today of findings that the selection of a similar but unidentical trademark can be actionable even in the absence of commercial harm, based solely upon the potential to confuse a bystander “in the wild.” Should the UK’s top court reverse, it would be a rebuke of the “post-sale” confusion doctrine widely accepted in the US — a “lacuna” which counsel for Dream Pairs says does not exist within UK trademark law.Counsel for Dream Pairs today urged the UK Supreme Court to reinstate a High Court decision which cleared his client of trademark infringement liability, calling an appellate panel’s reversal and endorsement of the doctrine of post-sale confusion “just flat wrong.”...

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