Dryrobe Limited v Caesr Group Limited
The Marks, although descriptive for certain goods, have acquired medium to high distinctiveness through extensive use, marketing, and media coverage. Defendant's D-ROBE Sign and Shield Sign are sufficiently similar to the Marks and used on identical goods, causing a likelihood of confusion among a significant proportion of the public, including direct, indirect, and post-sale confusion. Evidence of actual confusion confirms this risk. Defendant's use also causes detriment and takes unfair advantage of the Marks' reputation. The Marks are not generic as of the relevant dates and have not lost…
Source excerpt
- Trademark infringement
- Trademark validity
- Genericism
- Acquired distinctiveness
- Revocation
- Section 10(2) tma