In this lecture, Lord Hoffmann, who recently retired as a Lord of Appeal in Ordinary (Law Lord), reflects on the contribution made to European trade mark law by the late Sir Hugh Laddie. In surveying Sir Hugh’s leading cases, including Wagamama, Davidoff I, Arsenal (in which the High Court brought has forward the question whether use of a trade mark as an indication of origin is necessary for establishing infringement) and Boehringer Ingelheim, Lord Hoffmann focuses on Sir Hugh’s belief that the key function of a trade mark is to act as a badge of origin. Until his untimely death in November 2008, Professor Sir Hugh Laddie was the Professor of Intellectual Property at UCL. For more information about LADDIE please also refer to his Wikipedia entry.
The speech, to which you can listen online or which you can download to your iTunes as a podcast, gets insteresting from around 15′ on.
For an “eye-witness report” on the speech please refer to a blog entry by the IPKats.