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13 July 2012
Issue: 7522 / Categories: Case law , Law digest , In Court
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Intellectual property

Hearst Communications Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) T-344/09 [2012] All ER (D) 22 (Jul)

It was well-established that a global assessment of the likelihood of confusion implied some interdependence between the factors taken into account and, in particular, the similarity of the trademarks and the similarity of the goods or services concerned. Accordingly, a low degree of similarity between the goods or services might be offset by a high degree of similarity between the marks, and vice versa. Further, as is apparent from recital 8 in the preamble to Council Regulation (EC) 207/2009, the assessment of the likelihood of confusion depended on numerous elements and, in particular, on the public’s recognition of the trademark on the market in question. The more distinctive the trademark, the greater would be the likelihood of confusion, and therefore marks with a high distinctive character, either per se or because of their recognition by the public, enjoyed broader protection than marks with less distinctive character. The existence of an unusually high level of distinctiveness

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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