“Unfair advantage” under the Trade Marks Directive – Competition Bulletin from Blackstone Chambers

Posted February 7th, 2014 in consumer protection, news, trade marks by tracey

‘Readers over the age of 24 do not fall into Jack Wills’ core target market, and may therefore be unfamiliar with the clothing brand’s “Mr Wills” pheasant logo. On the other hand, those readers who are Jack Wills devotees may want to check when you get home that you have not got confused and accidentally purchased, for about the same price, a House of Fraser product adorned with this equally delightful but nonetheless different bird. If you did get confused, it is perfectly understandable. After all, they’re both silhouettes of birds “equipped with accessories associated with an English gentleman”, as Mr Justice Arnold explained last week in Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110 (Ch).’

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Competition Bulletin from Blackstone Chambers, 4th February 2014

Source: www.competitionbulletin.com