header-logo header-logo

01 August 2014
Issue: 7617 / Categories: Case law , Law digest , In Court
printer mail-detail

Trademarks

Enterprise Holdings Inc v Europcar Group Ltd and another [2014] EWHC 2498 (Ch), [2014] All ER (D) 246 (Jul)

In the case of a survey as to confusion, the question whether the survey was likely to be of real value might readily be answered in the negative in a case where the goods or services in question were ordinary consumer goods or services and the judge felt that there would be no real difficulty in the court determining the issue of confusion without a survey. Conversely, in the case of a survey as to acquired distinctiveness, the court might feel that it was not able to determine such a dispute based on its own experience and/or the court might feel the need to guard against an idiosyncratic decision. A further possible distinction between a confusion survey and a distinctiveness survey was that the former might involve a prediction as to the likelihood of something happening whereas a distinctiveness survey addressed the issue of whether something had happened. Further, whether the survey in question related to distinctiveness or confusion,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll