2 Nov 2011
AA INSURANCE LIMITED V AMI INSURANCE LIMITED HC WN CIV-2010-485-2427
- Citation
- openlaw-6e8bba28_929e_43a1_8d3f_ca6d161eaf75.pdf
- Court
- High Court
The Court held that the possessive adjective "MY" does not by itself render plainly descriptive or generic phrases distinctive for trade mark purposes; competitors in the insurance market would, in ordinary course and without improper motive, reasonably wish to use "my" plus descriptive product names, so the marks (except MY freeB and MY MULTI QUOTE) lack distinctive character and consist only of signs that designate characteristics of the services, contrary to s18(1)(a)-(d) of the Trade Marks Act 2002.