23 Apr 2009
LG CORPORATION LIMITED V ATSPEC LIMITED HC WN CIV 2008-485-1792
- Citation
- openlaw-5bb97d9d_67c0_450a_8dcb_9b6eba76f2e5.pdf
- Court
- High Court
The court held that although there is a considerable degree of visual similarity between the marks, there is no real likelihood of confusion because the marks will be used in materially different contexts (Atspec's testing services and tags versus LG's manufacture/sale of goods), and LG failed to prove prejudice or that its device is well known as a standalone mark; accordingly the appeal was dismissed and Atspec's registrations upheld.