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01 August 2014
Issue: 7617 / Categories: Case law , Law digest , In Court
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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,

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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