The Court of Appeal recently ruled on an outstanding aspect of the 'Glee' trademark dispute and confirmed the compatibility of Section 41 of the Trademark Act – concerning the registration of series marks – with EU law. Provided that series marks are sufficiently similar to meet the qualifying conditions set out in Section 41, they are individually entitled to the protection afforded to every trademark under EU law.
The recent judgment in Enterprise Holdings Inc v Europcar Group UK Limited provides useful guidance on the use of survey evidence in trademark infringement disputes. The case concerned car rental company Europcar's use of a stylised 'e' logo which Enterprise (another heavyweight in the car rental market) claimed infringed its figurative UK and Community trademarks.
The Court of Appeal recently issued judgment in Cadbury's drawn-out battle to maintain its trademark registration for the colour purple, as well as ruling on the distinctiveness of Scrabble's tile mark. The decisions act as a useful reminder to brand owners and trademark agents seeking to register unconventional trademarks such as colours, sounds and smells to proceed cautiously when crafting a description of marks.