Legal Updates

Intellectual Property – Trade Mark Invalidity Proceedings – Well Known Trade Mark

 

RT Coopers successfully represented Chipperfield Enterprises Limited in a trade mark invalidity application. This case demonstrates the importance of maintaining one’s brand and the significance of a company’s goodwill/reputation.

The dispute centered on the registration and use of the trade marks “CHIPPERFIELD’S CIRCUS” and “CHIPPERFIELD CIRCUS” by LCD Enterprises Limited & Oxford Diecast Limited. An exclusive licence had been granted to Oxford Diecast by LCD Enterprises to use the marks in the manufacture, sale, marketing and distribution of replica corgi toys bearing the said marks.

The UK Intellectual Property Office decided in favour of Chipperfield Enterprises and the marks registered under LCD Enterprises were declared invalid.

“This case highlights the immense weight placed on goodwill/reputation of a brand and the significance for companies to maintain brand reputation and protect their trade marks,” said commercial lawyer and global head of RT Coopers, Dr. Rosanna Cooper.

If you require advice on exhaustion of rights or trade mark infringement, trademarks, please contact us at enquiries@rtcooperssolicitors.com

Visit http://www.rtcoopersiplaw.com or http://www.rtcoopers.com/practice_intellectualproperty.php

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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