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07 December 2012
Issue: 7541 / Categories: Case law , Law digest , In Court
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Trade marks

Atlas sp. z o.o v Office for Harmonisation in the Internal Market (Trade marks and Designs) and another T-558/11, [2012] All ER (D) 296 (Nov)

According to settled case-law, the risk that the public might believe that the goods or services in question came from the same undertaking or from economically-linked undertakings constituted a likelihood of confusion. Under that case-law, the likelihood of confusion should be assessed globally, taking into account all factors relevant to the circumstances of the case, in particular the interdependence between the similarity of the signs and that of the goods or services designated. In assessing the similarity of the goods or services at issue, all the relevant factors relating to those goods and services should be taken into account. Those factors include, inter alia, their nature, their intended purpose and their method of use and whether they are in competition with each other or are complementary. Other factors might also be taken into account such as the distribution channels of the goods concerned.

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MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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