*/
Trade mark – Removal from register. Following proceedings brought by Specsavers opticians alleging infringement of its registered trade mark, the judge revoked the wordless version of the Specsavers logo that comprised two overlapping ovals. The Court of Appeal, Civil Division, in hearing the appeal, referred a number of questions to the Court of Justice of the European Union regarding the interpretation of arts 9, 15 and 51 of Council Regulation (EC) 207/2009 (on the Community trade mark). Judgment on the preliminary reference having been given, the court found that, in the unusual circumstances of the case, the judge had erred in ordering revocation of the trade mark where evidence that use of the wordless logo together with the registered word trademark superimposed over the top had served to identify the goods and services and that consumers perceived the wordless mark as being indicative of the origin of the goods and services.
Trade mark – Removal from register. Following proceedings brought by Specsavers opticians alleging infringement of its registered trade mark, the judge revoked the wordless version of the Specsavers logo that comprised two overlapping ovals. The Court of Appeal, Civil Division, in hearing the appeal, referred a number of questions to the Court of Justice of the European Union regarding the interpretation of arts 9, 15 and 51 of Council Regulation (EC) 207/2009 (on the Community trade mark). Judgment on the preliminary reference having been given, the court found that, in the unusual circumstances of the case, the judge had erred in ordering revocation of the trade mark where evidence that use of the wordless logo together with the registered word trademark superimposed over the top had served to identify the goods and services and that consumers perceived the wordless mark as being indicative of the origin of the goods and services.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
