Fletcher v. Doig: An Unlikely Case Of Coincidence, Correlation Or Consent

Who has the onus of establishing whether or not a license has been granted? If the license is oral, how is the "applicable law" established and under which jurisdiction? The simplicity with which licenses can be created offers opportunity for mistaken percep- tions of consent, because an agreement need not be in writing. Vigilance is therefore critical for a global brand owner to preserve and maintain identity, exclu- sivity, differentiation even when, or especially when, the brand is a personal name.

Sometimes, this means that a brand owner is forced to seize counterfeit items at the border to prevent entry into a jurisdiction under trademark legislation. Concurrently, an Internet service provider (ISP) may be required to provide notification and/ or require takedown of infringing or disparaging content, by resort to online dispute resolution pro- cedures. As a last resort, there may be no choice but to differentiate oneself from the offensive activities through