header-logo header-logo

Trademarks

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

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, the court had to consider whether it was likely that the

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll