- The shape of things to come (London Taxi Corporation Ltd v Frazer-Nash Research Ltd and another company)
- Original news
- What is the background to this case?
- What did the Court of Appeal conclude in relation to the definition of the ‘average consumer’?
- How does this case address the issue of inherent distinctiveness?
- What issues does this case raise in relation to the assessment of distinctiveness acquired through use for shape marks?
- What should trade mark practitioners be advising their clients as a result of this judgment?
IP analysis: According to Simon Goldring, senior associate at Berwin Leighton Paisner (BLP), if you have a shape that you think should be protected, it is advisable to register design rights in it rather than a trade mark. This follows the decision in London Taxi Corporation Ltd v Frazer-Nash Research Ltd , in which the Court of Appeal dismissed an appeal in relation to the validity of certain trade mark registrations for the shape of a London taxi and an associated claim for passing off.
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