Re: drug colors

On Thu, 12 Aug 1999, S. Martin Keleti <keleti[_at_]manifesto.com> wrote:
>
> I don't believe that consumers have standing to sue, although consumer
> protection _is_ the basis of trademark laws, since the usual issue is
> likelihood of confusion; the goodwill and trademark rights inure to the
> benefit of the trademark holder, but the goal is to prevent consumer
> confusion.

I am surprised to hear this -- in Canada, an effort is made to clearly EXCLUDE consumer protection from the policy of trademark law. Of course consumer confusion is the primary factor to consider in many (if not all) cases, but only as it relates to damage to the TM rights holder. What's the law in Europe?

> With regard to drugs, I believe that the pharmaceutical companies argue
> that the colors of the tablets and capsules is important, especially
> with elderly users of their products. While no cases come to mind
> readily, the McCarthy treatise (3d ed.) sec. 7:45 n.6 cites a few
> cases and three secondary sources on the subject. I hope this points
> you in the right direction.

Thanks, I'll check it out.

-cd

Cappone D'Angelo
<cappyd[_at_]uvic.ca> Received on Sun Aug 15 1999 - 09:33:59 GMT