Skip Navigation

Reports of Patent, Design and Trade Mark Cases 2008 125(2):99-142; doi:10.1093/rpc/rcn001
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Add to My Personal Archive
Right arrowRequest Permissions
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© Crown Copyright

[2008] R.P.C. 5

esure Insurance Ltd v Direct Line Insurance Plc

Trade Marks Registry

(Mr. Allan James): December 13, 20061

[2008] R.P.C. 5

Trade mark—Application—Device mark of computer mouse on wheels for insurance and financial services—No colour limitation—Opposition—Earlier device mark of telephone on wheels for insurance and financial services—Whether mark confusingly similar—Whether likelihood of association—Whether use of later mark took unfair advantage of or was detrimental to distinctive character and repute of earlier mark—Survey evidence—Whether vitiated by manner in which survey conducted—Whether vitiated by parties’ advertising campaigns—Whether threshold level for ‘similarity’—Whether use of the mark in opponent's distinctive colour was ‘normal and fair use—Enhanced distinctiveness of earlier mark—Whether risk of unfair advantage/detriment sufficient—Whether ‘fettering’ a separate head of detriment—Blurring—Dilution—Comments on cross-examination


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer:
Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.