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Trade mark – Infringement. The claimant and the defendants were competitors in the field of vehicle rental services. The claimant alleged that the defendant had infringed the claimant's Community trade mark, pursuant to, among other things, art 9(1)(b) of Council Regulation (EC) 40/94 (on the Community Trade Mark) and had committed passing off. The Chancery Division held that, the inherent distinctive character of the trade mark in issue and its enhanced distinctive character were factors which supported the existence of a likelihood of confusion. The claim for passing off was made out for essentially the same reasons as its claim under art 9(1)(b).
Trade mark – Infringement. The claimant and the defendants were competitors in the field of vehicle rental services. The claimant alleged that the defendant had infringed the claimant's Community trade mark, pursuant to, among other things, art 9(1)(b) of Council Regulation (EC) 40/94 (on the Community Trade Mark) and had committed passing off. The Chancery Division held that, the inherent distinctive character of the trade mark in issue and its enhanced distinctive character were factors which supported the existence of a likelihood of confusion. The claim for passing off was made out for essentially the same reasons as its claim under art 9(1)(b).
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