Switzerland: HYDE PARK is deceptive for cars not originating from UK
In another case in a long line of cases, the Swiss IPO and on appeal the Swiss Federal Administrative Court upheld the refusal to grant protection for the mark HYDE PARK for, among others, cars and their parts not originating from the UK.
Read more: http://marques.org/class46/Default.asp?XID=BHA4268
Metrocab taxi not hailed as an infringement
Earlier this week, in The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd & Another [2016] EWHC 52 (Ch) Mr Justice Arnold delivered a major decision in the Chancery Division of the High Court, England and Wales. In a judgment of over 33,000 words he held that both the UK and Community three-dimensional trade marks belonging to the plaintiff, which portrayed the shapes of models of London taxis, were invalid not only because they were devoid of distinctive character but also because they consisted exclusively of the shape which gave substantial value to the goods.
Read more: http://marques.org/class46/Default.asp?XID=BHA4279
RCD Invalidation Guideline changes
December's Alicante News contains a useful summary of recent changes to the Invalidation Guidelines. Some of these are procedural, but there are some meaty substantive changes too.
Read more: http://marques.org/class99/Default.asp?XID=BHA715
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Issue 061
