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27 June 2013
Issue: 7566 / Categories: Case law , Law digest , In Court
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Passing off

Fine & Country Ltd and other companies v Okotoks Ltd (formerly Spicerhaart Ltd) and another company [2013] EWCA Civ 672, [2013] All ER (D) 137 (Jun)

An attack upon the validity of trade marks based on Art 3(1)(b) and (c) of Council Regulation (EC) 40/94 (on the Community trade mark) would not succeed if the mark had become distinctive (or had acquired distinctive character) as a result of the use made of it. There were thus two types of distinctiveness which were usually referred to as “inherent distinctiveness” and “acquired distinctiveness”. Acquired distinctiveness, in a claim for revocation, was to be tested as at the time when the claim to revoke was made. In deciding whether a trade mark was distinctive, the ultimate question was whether it was capable of distinguishing the goods or services of one undertaking from goods or services of another undertaking. That in turn had to be assessed in the context of the classes for which the mark was registered and, necessarily in the context of the trading conditions in which goods and services

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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

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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
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
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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