Tripadvisor LLC v Handsam Ltd
The appeal was dismissed because the Hearing Officer made no distinct and material error of principle and was not clearly wrong in his global assessment under section 5(2)(b) or in finding no relevant link or detriment under section 5(3). The decision was a proper exercise of judgment on the evidence and law.
- Parties
- Appellant/opponent: TripAdvisor LLC; Respondent/applicant: Handsam Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 07 July 2016
- Procedural Posture
- Trade Mark Opposition Appeal / High Court Appeal From Trade Mark Registry Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Likelihood of Confusion, Global Assessment, Section 5(2)(b) Trade Marks Act 1994, Section 5(3) Trade Marks Act 1994, Appeal Standards, Similarity of Goods and Services
Case Brief
Summary, issues, holding and outcome
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Parties
TripAdvisor LLC
Appellant/opponent
Handsam Limited
Respondent/applicant
Procedural Posture
Trade Mark Opposition Appeal / High Court Appeal From Trade Mark Registry Decision
Legal Issues
- 1 Whether the Hearing Officer erred in law in the global assessment under section 5(2)(b) Trade Marks Act 1994
- 2 Whether the Hearing Officer erred in the application of section 5(3) Trade Marks Act 1994 regarding the existence of a link and detriment/unfair advantage
Ratio Decidendi
The appeal was dismissed because the Hearing Officer made no distinct and material error of principle and was not clearly wrong in his global assessment under section 5(2)(b) or in finding no relevant link or detriment under section 5(3). The decision was a proper exercise of judgment on the evidence and law.
Court Disposition
Appeal dismissed
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