header-logo header-logo

13 July 2012
Issue: 7522 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll