Who knew that the British were so innovative. A few weeks ago, we had the iGasm story where annsummers.com, an online sex shop in the UK was selling a vibrating iPod attachment. Apple’s Imperial trademark lawyers were not amused.
Now, Love Honey, another crafty UK manufacturer of sexual accoutrements has developed a vibrator attachment for an Oral B electric toothbrush. The current ad is here, but the much more interesting story is here.
I don’t know much about UK trademark law, but this suggests that there is a strong distinction between UK trademark fair use and our version.
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You’re correct. I looked it up on Lexis, and UK Trademark (based on what we have studied) resembles US trademark law. They look at fair use and likelihood of confusion related to the likelihood of association with the product’s origin. The trademark should also be not so similar as to cause disrepute or take unfair advantage of the original trademark. The owner also does not have the right to sue until the similar trademark is registered. Those are just some highlights from Section 7.01, U.K-7 World Trademark Law and Practice.