Both parties used the name ‘Elle’ in their respective products, a women’s magazine, and handknitting yarns. They disputed the registration of a trade mark for the latter in the UK.
Held: The court endorsed the continuing applicabiity of the guidelines in Reef when a court was asked to upset a decision of a lower but specialist tribunal.
Judges:
Sir Andrew Morritt C
Citations:
[2007] EWHC 63 (Ch)
Links:
Statutes:
Trade Marks (Proof of Use etc) Regulations 2004, Trade Marks Act 1994 5(2) 5(3)
Jurisdiction:
England and Wales
Citing:
Endorsed – Bessant and others v South Cone Incorporated; in re REEF Trade Mark CA 28-May-2002
The Reef pop group applied to register ‘REEF’ for Classes 25 and 26 – e.g. T-shirts, badges, etc. South Cone opposed them as registered proprietors of ‘Reef Brazil’ for the footwear which also was included in Class 25. South’s reputation was . .
Cited by:
Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Intellectual Property
Updated: 09 July 2022; Ref: scu.248252