james_davis_nicoll: (Default)
[personal profile] james_davis_nicoll
And you wanted to screw with the competition by claiming 'super-villain','super-villainy' and associated concepts and practices for your own; which IP law angle is best?

Date: 2011-04-22 02:36 pm (UTC)
legionseagle: Lai Choi San (Default)
From: [personal profile] legionseagle
Oddly enough, I considered super-villains and IP here, with reference to the inability to claim the privilege against self-incrimination in the context of the Senior Courts Act 1981 where an intellectual property right was in issue. I suggested there (with reference the case of Blofeld v. Moriaty that passing-off would be the most applicable remedy, with the super-villain in question alleging that the words in question had acquired a secondary meaning capable of distinguishing his goods and services from those of the competition (tort first established in the "Camel Hair belting" case where even belting made of camel hair was alleged to infringe the claimant's rights in the name "Camel Hair belting"; refined in Office Cleaning Services and in the advocaat line of cases).

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