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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.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
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From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).
In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.
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