JW Spear & Sons Ltd & Anor v Zynga, Inc

JW Spear & Sons Ltd & Anor v Zynga, Inc

The Tile Mark does not satisfy the first and second conditions of Article 2 of the Directive as it covers an infinite number of permutations, lacks precise specification, and is not a sign but a mere property of the goods; its graphical representation is not clear, precise, intelligible, or objective.

Parties
Claimant: J. W. Spear & Sons Limited; Claimant: Mattel, Inc.; Claimant: Mattel U.K. Limited; Defendant: Zynga, Inc.
Jurisdiction
England and Wales
Judgment Date
28 November 2012
Procedural Posture
Intellectual Property / Summary Judgment Application
Outcome
summary judgment granted in favour of Zynga
Legal Topics
Trade Mark Validity, Graphical Representation, Distinctiveness, Summary Judgment
Intellectual Property Trade Marks Trade Mark Validity Graphical Representation Distinctiveness Summary Judgment

Case Brief

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Parties

J. W. Spear & Sons Limited

Claimant

Mattel, Inc.

Claimant

Mattel U.K. Limited

Claimant

Zynga, Inc.

Defendant

Procedural Posture

Intellectual Property / Summary Judgment Application

Legal Issues

  1. 1 Whether the Tile Mark satisfies the requirements of Article 2 of Directive 2008/95/EC for trade mark registration
  2. 2 Whether the Tile Mark is a sign capable of being represented graphically
  3. 3 Whether the Tile Mark is clear, precise, intelligible, and objective

Ratio Decidendi

The Tile Mark does not satisfy the first and second conditions of Article 2 of the Directive as it covers an infinite number of permutations, lacks precise specification, and is not a sign but a mere property of the goods; its graphical representation is not clear, precise, intelligible, or objective.

Court Disposition

summary judgment granted in favour of Zynga

Orders

  • Tile Mark declared invalidly registered
  • Mattel's claim regarding the Tile Mark dismissed