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The EU General Court has dismissed an appeal against the OHIM Board of Appeal’s decision to allow opposition against registration of a figurative mark consisting of the words METRO KIDS COMPANY on the grounds that there is a likelihood of confusion with an earlier trade mark METRO.
The court agreed while the ‘metro’ element of the proposed mark was distinctive the additional wording “kids company est. 1989” was not sufficiently distinctive, the figurative element was mainly decorative and aurally customers would tend to abbreviate the mark to ‘metro’. The word ‘metro’ was considered to be the dominant element of the proposed mark and was similar to the earlier mark, leading to a likelihood of confusion.
Ultimately, this is the right decision. Trade mark owner’s rights ought to be protected against others who attempt to take advantage of an existing mark by adding ‘token’ images or words. When applying for a mark it is important to ensure that the mark is distinctive when considered as a whole.
A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.
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The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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