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11 September 2008
Issue: 7336 / Categories: Case law , Law digest , Insurance / reinsurance
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Trademarks

esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842, [2008] All ER (D) 313 (Jul)

In assessing the likelihood of trademark confusion, this must be ascertained from the viewpoint of the average consumer, and a global assessment must be made of all the relevant factors (which involves examining all the aural, visual and conceptual similarities of the marks and assessing the weight to be given to each of the relevant characteristics).

 Given that the critical issue of confusion of any kind is to be assessed from the viewpoint of the average consumer, an expert’s report is of little value in evaluating the likelihood of confusion (although there may be a role for an expert where the markets in question are ones with which judges are unfamiliar).

Issue: 7336 / Categories: Case law , Law digest , Insurance / reinsurance
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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