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Proctor, Bruce --- "Unauthorised Use of Trade Marks: A Trade Mark Proprietor’s Perspective" [2006] ELECD 244; in Phillips, Jeremy (ed), "Trade Marks at the Limit" (Edward Elgar Publishing, 2006)

Book Title: Trade Marks at the Limit

Editor(s): Phillips, Jeremy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427382

Section: Chapter 16

Section Title: Unauthorised Use of Trade Marks: A Trade Mark Proprietor’s Perspective

Author(s): Proctor, Bruce

Number of pages: 9

Extract:

16. Unauthorised use of trade marks: a
trade mark proprietor's perspective
Bruce Proctor
This chapter was originally provisionally entitled `Hey, That's MY Trade
Mark', or `How I Learned to Stop Worrying and Love (Or At Least Tolerate)
the Unauthorised Use of My Trade Marks'. From that, the reader may glean
that my purpose here is to give a sense of what it feels like to be a trade mark
owner faced with the relentless and unauthorised use of `my' trade marks (or,
more accurately, trade marks owned by companies for whom I have had the
pleasure of working) and what I do about it.
I believe, before I offer my point of view, that the reader should have full
disclosure and understand the biases and prejudices of the author. These are
some of mine: I entered the world of trade marks and intellectual property
about 24 years ago as a litigator handling intellectual property cases in the
United States. I have since spent almost 19 years in an in-house capacity, prin-
cipally handling intellectual property matters. Eight of those years have been
spent within US-based companies with significant global business interests.
Eleven have been spent within non-US-based companies, also with significant
global business presence.


BACK TO BASICS
As I reflect on how to best describe my point of view, I am struck by the fact
that I've consistently kept to basics when it comes to trade marks and the
scope of protection one ...