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| | Trade Marks Newsletter - London Newsletter - December 2001 (Site not responding. Last check: 2007-11-03) |
 | | The Court considered that a simple agreement not to infringe a valid intellectual property right, such as a trade mark, was practically valueless, as when a party agrees not to infringe a valid right, he does no more than agree to respect the law. |
 | | Finally, the Court believed that the bargaining power of the parties was equal and therefore, despite the fact that the restriction not to use ‘WWF’ amounted to a fetter on trade, it was held to be justifiable. |
 | | In this case, whilst it was held that the trade mark restriction did amount to a “fetter on trade”, its enforcement could be justified due to the particular image of the Federation, as contrasted with that of the Fund. |
| www.bakernet.com /newsletters/Article.asp?ArticleID=46&EditionID=7&URL=/newsletters/newsletter.asp&NLID=5 (721 words) |
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