Exxon Corp. v. Exxon Insurance Consultants International Ltd

Exxon Corp. v. Exxon Insurance Consultants International Ltd

English case infobox
name=Exxon Corp. v. Exxon Insurance Consultants International Ltd
court=Court of Appeal (Civil Division)
date_decided=12 June 1981
full_name=Exxon Corporation and Exxon Insurance Consultants International Limited
citations= [1982] Ch. 119; [1981] 3 All E.R. 241; [1982] R.P.C. 69; (1981) 125 S.J. 527; Times, June 13, 1981
judges=Stephenson, L.J.; Sir David Cairns, L.J.; Oliver, L.J.
Cases_cited=DP Anderson & Co Ltd v Lieber Code Co, [1917] 2 K.B. 469 (KBD);

Hollinrake v Truswell, [1894] 3 Ch. 420 (CA)
Legislation_cited=Companies Act 1948 s. 18;
Companies Act 1948 s. 18(1);
Copyright Act 1956 s. 1;
Copyright Act 1956 s. 2;
Copyright Act 1956 s. 2(1) ;
Copyright Act 1956 s. 6;
Copyright Act 1956 s. 17;
Copyright Act 1956 s. 48;
Copyright Act 1911 s. 1;
Copyright Act 1911 s. 1(1) ;
Copyright Act 1911 s. 35;
Copyright Act 1842;
Trade Marks Act 1938 s. 9;
Trade Marks Act 1938 s. 9(1)(c) ;
Trade Marks Act 1919;
Rules of the Supreme Court Ord. 19;
Rules of the Supreme Court Ord. 19 r. 7;
Rules of the Supreme Court r. 7
prior_actions=Exxon Corp v Exxon Insurance Consultants International Ltd, [1981] 1 W.L.R. 624; [1981] 2 All E.R. 495; [1981] F.S.R. 238; (1981) 125 S.J. 342 (Ch D)
subsequent_actions=None
Keywords=Literary works; Trade names

"Exxon Corp. v. Exxon Insurance Consultants International Ltd" [Case citation| [1982] Ch. 119] is a leading decision in English law on the existence of copyright in a name alone and the infringement of a trade mark. The Court found that typically there is no copyright in a name, invented or otherwise, and that a trade mark can only be infringed when there the infringing party shares part of the market segment.Fact|date=May 2008

Copyright

Exxon took the position that there is copyright in the word "Exxon" for two reasons. First, because they put considerable time and energy into the development of the name, and second, as there was a significant investment into creating the name it was an "original literary work". Further, they argued that size of a literary work does not matter.Fact|date=May 2008

The Court found that the name Exxon, while a trade mark, is only a word and as such is not capable of copyright protection. A word alone does not convey any information beyond its dictionary meaning and thus cannot be a literary work. Furthermore, allowing copyright in single words would overlap trademark law entirely and would make use of the word in public troublesome.Fact|date=May 2008

Trade mark

With regards to the trade mark, the Court found that the use of this word by the defendants who work in a field that in no way shares a market segment with the plaintiff in no way dilutes the plaintiff's brand name nor infringes on its trade mark.Fact|date=May 2008


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • ExxonMobil — For other uses, see Exon (disambiguation). This article is about Exxon Mobil Corporation. For subsidiaries, see Exxon and Mobil. Exxon Mobil Corporation Type Public Trad …   Wikipedia

  • List of copyright case law — The following is a list of cases that deal with issues of concern to copyright in various jurisdictions. Some of these cases are leading English cases as the law of copyright in various Commonwealth jurisdictions developed out of English law… …   Wikipedia

  • List of returned Peace Corps Volunteers — Returned Peace Corps Volunteers (RPCVs) are persons who have served in the United States Peace Corps. Here follows a lst of notable RPCVs. Dynamic listBusiness and Industry* Bob Beckel, political analyst, Bob Beckel Associates (Philippines 1971… …   Wikipedia

  • environment — environmental, adj. environmentally, adv. /en vuy reuhn meuhnt, vuy euhrn /, n. 1. the aggregate of surrounding things, conditions, or influences; surroundings; milieu. 2. Ecol. the air, water, minerals, organisms, and all other external factors… …   Universalium

  • Industrial Review — ▪ 1994 Introduction       The period since 1990 was proving a difficult time for the older industrialized economies, which had suffered from prolonged recession at home, and also for the previously centrally planned economies of Eastern Europe… …   Universalium

  • New Orleans — The Big Easy and NOLA redirect here. For other uses, see The Big Easy (disambiguation) and NOLA (disambiguation). This article is about the city. For other uses, see New Orleans (disambiguation). City of New Orleans Ville de La Nou …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”