- Alert: Taxi trade mark appeal to proceed (The London Taxi Corporation Ltd v Frazer Nash Research Ltd)
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IP & IT analysis: This judgment concerned an application to set aside permission to appeal a decision that, among other things, the trade marks registered to the claimants were invalidly registered because they lacked distinctive character. The defendants applied to set aside that permission pursuant to CPR 52.9(1)(b). The Court of Appeal found that the claimant’s arguments had a real prospect of success, that there had been no irregularity in granting permission to appeal and that there was no compelling reason to set it aside. Accordingly, the application was dismissed and the substantive appeal is expected to proceed in summer 2017.
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