The court considered the circumstances under which a Hearing Officer’s decision could be reversed on appeal: ‘Those experienced in cases such as these, such as the Hearing Officer, would have known that the sort of evidence normally adduced on issues of distinctiveness included evidence from editors of trade and other magazines, evidence from buyers of department stores and perhaps survey evidence. Whether such evidence would have been forthcoming in this case the Hearing Officer could not predict until enquiries were made and the cost involved had been accepted by EIDP to have been necessary. That the Hearing Officer would have had in mind when coming to the conclusion he did.’
Judges:
Lord Justice Aldous Lord Justice Keene Lord Justice May
Citations:
[2003] EWCA Civ 1368, [2004] FSR 293
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – E I Du Pont de Nemours and Co v S T Dupont (2) ChD 22-Nov-2002
The parties had appeared before a hearing officer at the Trade Marks registry. The opponent of the registration sought leave to argue an additional point which, though unpleaded, could have been argued without any significant adjournment. The . .
Cited by:
Applied – Mastercard International Incorporated v Hitachi Credit (Uk) Plc ChD 8-Jul-2004
The claimants challenged award of a trade mark saying they were owners of many marks incorporating the word ‘Master’ associated with credit, and the applicants mark was too similar to its own.
Held: Applying Davidoff, the words can also be . .
Cited – Zissis v Lukomski and Another CA 5-Apr-2006
The court considered an appeal against an award under the 1996 Act. The appeal had been brought under Part 8 of the Civil Procedure Rules.
Held: The appeal was by virtue of the 1996 Act, and as such was a statutory appeal, and should have been . .
Cited – Taylor v OCS Group Ltd CA 31-May-2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior . .
Cited – Livingstone v The Adjudication Panel for England Admn 19-Oct-2006
The claimant challenged a finding that as Mayor of London offensive remarks he had made to a journalist as he was pursued leaving a private party had brought his office into disrepute.
Held: The appeal succeeded. Though the remarks may have . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 08 June 2022; Ref: scu.187028