This is a non-commercial parody website in criticism of Abbott Laboratories inc.
This website is not affiliated with Abbott Laboratories or endorsed or sponsored by them in any way. If you are looking for the website of Abbott Laboratories, this is not it.
The external links on this website are for information purposes only and there is no commercial connection between this website and either Abbott Laboratories or any third parties.
I also put Abbott Laboratories Inc (US), Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP (US law firm), Abbott Laboratories Ltd (UK) and Freshfields Bruckhaus Deringer LLP (UK law firm) on express notice of the relevent laws and case laws.
Passing off:
The remedy for passing off is intended to prevent unfair
trading practices
/unfair
competition
. Neither I, nor this website, are a competitor of Abbott Laboratories Inc or a subsidiary of.
Case Law:
Trademark Infringement:
First Council Directive 89/104/EEC Article 5
Rights conferred by a trade mark.
1. The registered trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using
in the course of trade
:
The Trade Marks Act 1994 ("the 1994 Act")
10. - (1) A person infringes a registered trade mark if he uses
in the course of trade
a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
COUNCIL REGULATION (EC) No 40/94
Article 9: Rights conferred by a Community trade mark
1. A Community trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using
in the course of trade
:
“The motive of the appellants was to use that goodwill and threaten to sell it to another who might use it for passing-off to obtain money from the respondents.”
"if the name could be used for a legitimate purpose, it was not a vehicle of fraud and injunctive relief would not be granted unless it was established that the defendant either threatened to pass-off or was, with another, part of a common design to pass-off.”
"The mere creation of an "instrument of deception", without either using it for deception or putting it into the hands of someone else to do so, is not passing-off. There is no such tort as going equipped for passing-off. It follows that the mere registration of a deceptive company name or a deceptive Internet domain name is not passing-off."
“62. The national court must also confirm whether the use made in the present case is one "in the course of trade" and "in relation to goods" within the meaning of Art.5(1) of Directive 89/104 (see, inter alia, Arsenal Football Club, [40] and [41]).”
Declaration of non-infringement / Remedy for groundless threats of infringement proceedings.
Article 21 of the
Trade Marks Act 1994 and Article 92 of
COUNCIL REGULATION (EC) No 40/94.
Dear Mr Christopher Forsyth, Partner at Freshfields, Bruckhaus, Derringer,
Please therefore refrain from initiating frivolous and groundless UDRP administrative proceedings as such proceedings equates to a groundless threat of infringement proceedings via 4(k) and 5 of the policy and also please refrain from making other frivolous and groundless threats in the form of cease and desist letters to either myself, the registrar or the hosting company.
It would also be a good idea for you to return the domain name Abbott-Laboratories.com to me before we next meet in the United Kingdom High Court. Oh, I forgot! You and your clients are too scared to go back into court against me and that is why you have left your Part 20 claim against me pending for the last 5 years!!! I'm ready whenever you are!
I do like what you have to say to the media: "Because the English all have a sophisticated and slightly cynical sense of humour, they are not confused by these sites. When you see a parody website you know full well that it is one," says Chris Forsyth, an intellectual property partner at Freshfields Bruckhaus Deringer, the leading law firm - The Telegraph.
Some of the content on this website is credited to Abbott Laboratories Inc, Abbott.com. (Copyright © 2011 Abbott Laboratories, Abbott Park, Illinois, U.S.A.)