CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MONDAY, 28 JANUARY 2008
"Embellishment" defence rejected in battle of the shoes
Tags: England and Wales, trade mark infringement,
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"Embellishment" defence rejected in battle of the shoes
Decided on Friday in the Chancery Division (England and Wales), D. Jacobson v
Globe - where two Community and UK-registered device trade marks (one of which is shown on the right) was held validly registered and infringed by the shoes on the left. A defence that the device was used as mere decoration was rejected.
The case turned on the assessment of a great deal of evidence, including expert evidence.
Tags: England and Wales, trade mark infringement,



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