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Last year we reported on the General Court’s decision that, on a global consideration of the trade marks ‘Golden Balls’ and ‘Ballon D’or’, their visual and phonetic differences (despite their minimal conceptual similarities) meant they were not ‘similar’ under Art 8(1)(b) CTM Regulation 2007/2009 (requiring identical/similar marks for identical/similar goods and a likelihood of confusion) or Art 8(5) (requiring identical/similar marks where the later mark takes advantage of, or causes detriment to the reputation/distinctive character of the earlier).
Yesterday, the CJEU set aside part of this decision, due to the different similarity thresholds that the above Articles require. Art 8(5) does not require sufficient similarity for a likelihood of confusion between the marks; a ‘faint’ degree of similarity sufficient to establish ‘a link’ between the marks will suffice.
We await the Board of Appeal’s decision on whether the average consumer would establish such a link. Further, Ballon D’or’s proprietors still need to demonstrate unfair advantage/detriment will occur; this may be difficult in view of the parties’ different economic and commercial positions.
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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