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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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

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Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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