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Willans defeats Bristows in YouView trademark case

Well I don't work for Bristows... by accident or design that was quite a clever move strategically. They applied to amend to what they REALLY wanted, seemingly on the basis that the finding of similarity was based upon confusion with the specification as drafted in the more general sense. It is still not clear that infringement would be found as against the narrower use which will actually be made of the name. The trade mark case leaves that open... the appeal is not a rehearing, whereas the state of trade mark law means that an infringement case WILL be a rehearing, the trade mark case not giving rise to estoppel (unless Total are able to change the law in this area on the basis that the Registry proceedings were run sufficiently seriously). Nice to get the dig in seemingly that FFW cleared the name and Bristows are just trying to cover the BBC's rear parts.

15-Nov-2012

4:51 pm