Choses Ltd. v Judicial Greffier [1978] JLR 81 (28 March 1978)

Choses Ltd. v Judicial Greffier [1978] JLR 81 (28 March 1978)

Similarity in pronunciation between business names may outweigh visual dissimilarity, and the difference between selling men's clothes and men's shoes is not a significant distinction to avoid confusion under the Registration of Business Names (Jersey) Law 1956.

Citation
[1978] JLR 81
Parties
Applicant: Choses Ltd.; Respondent: Judicial Greffier
Jurisdiction
Jersey
Judgment Date
28 March 1978
Procedural Posture
Business Name Registration Dispute / Judgment
Outcome
registration refused
Legal Topics
Business Names, Registration of Business Names, Misleading Names, Similarity of Names

Case Brief

Summary, issues, holding and outcome

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Parties

Choses Ltd.

Applicant

Judicial Greffier

Respondent

Procedural Posture

Business Name Registration Dispute / Judgment

  1. 1 Whether a business name should be refused registration due to likelihood of confusion with an already registered name

Ratio Decidendi

Similarity in pronunciation between business names may outweigh visual dissimilarity, and the difference between selling men's clothes and men's shoes is not a significant distinction to avoid confusion under the Registration of Business Names (Jersey) Law 1956.

Court Disposition

registration refused

Orders

  • Refusal to register the applicant's business name due to likelihood of confusion with an existing registered name.