Please sign in with your existing account details.
Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.
Privacy statement - Terms and conditions
Forgotten your password?
You have exceeded the maximum number of login attempts for this email address and your account has been locked. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password.
Are you sure you want to remove this item from you pinned content?
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.
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
View blog
Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
We previously reported on the High Court decision of S Franses Ltd v The Cavendish Hotel (London) Ltd in which it was held that a landlord’s motive could not prevent it from successfully utilising ‘ground (f)’ under s30(1) of the Landlord and Tenant Act 1954 to oppose a lease renewal.
The FCA are encouraged to find that the implementation of the new rules has encouraged financial institutions to manage whistleblowing cases and concerns fairly, consistently and in a manner that protects the individual whistleblower.
Senior Associate
Select which mailings you would like to receive from us.
Sign up