1.Critically consider the scope of infringement actions under Section 10(3) Trade Marks Act 1994 and the equivalent provisions of the Trade Mark Directive (Directive 2008/95/EC) and the Community Trade Mark Regulation (Council Regulation (EC) No 207/2009) by reference to case law of the Court of Justice of the European Union and of National Courts. Do you consider that the function of a trade mark is over-extended under these provisions? Explain and justify your answer.
2.’A constructive trust is the formula through which the conscience of equity finds
expression’Cardozo J in Beatty v Guggenheim Exploration Co ((1919) 225 NY 380 at 386)
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