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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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