England and Wales Case Law

Flowerbx Limited v Flowers Box London Limited

The court held FLOWERBX was valid and infringed by FLOWERSBOX, FLOWERS BOX and FLOWERS BOX LONDON, rejecting descriptiveness and non-use arguments.

• Trade mark infringement under ss 10(2) and (3) trade marks act 1994
• Absolute grounds for invalidity under s 3(1)(c) trade marks act 1994
• Acquired distinctive character
• Likelihood of confusion
• Reputation and unfair advantage
• Trade-mark-infringement

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The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd & Anor

The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd & Anor [2016] EWHC 52 (Ch) (20 January 2016)

The High Court held LTC’s taxi-shape marks invalid for lack of distinctiveness and substantial value, revoked the CTM for non-use, and dismissed infringement and passing off claims.

• Trade mark infringement
• Passing off
• Distinctive character
• Substantial value
• Revocation for non-use
• Acquired distinctive character

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