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The Court of Appeal has concluded that Specsavers’ extensive use of its green shaded logo mark containing the word Specsavers in white also constitutes ‘genuine use’ of its wordless logo mark (two overlapping ovals registered in black and so in respect of all colours). Specsavers’ wordless mark will therefore remain on the register.
This is an example of a device mark having obtained independent distinctive character despite always being used in combination with a well-known word mark. The court accepted evidence that when Specsavers signage is viewed from a distance, the word Specsavers does not stand out and consumers still recognise the overlapping green ellipses as indicative of the origin of Specsavers’ goods and services. Accordingly such uses do not change the mark’s distinctive character (despite portions of the wordless logo, as registered, being ‘hidden’ beneath wording).
However, it is unlikely that the background of many logos will be perceived as an indication of origin. Each case will be determined on its facts.
Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.
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A recent decision by the Supreme Court in Shanks v Unilever PLC has supported the right for employees to receive compensation for patented inventions if the invention is of ‘outstanding benefit’.
The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.
How secure is your fitness tracker? (Not to mention your smartwatch, sleep tracker, smart shoe insoles and wearable Bluetooth keyboard). It’s something that many of us give little thought to, but perhaps we should be more concerned.
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