The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd & Anor  EWHC 52 (Ch) (20 January 2016)
This case concerned trade mark infringement under Article 5(1)(b) of the European Parliament and Council Directive 2008/95/EC/ Article 9(1)(b) of Council Regulation 207/2009/EC and Article 5(2) of the Directive/ Article 9(1)(c) of the Regulation. The claimant’s complaint regarded the shape of the defendants’ taxi which it alleged had been substantially copied from the shape of its own model of London taxi. On the other hand, the defendants contended that trade marks of the claimant had been invalidly registered and in the alternative that the CTM (a three-dimensional trade mark) should be revoked for non-use.
The conclusion of the court was that the trade marks were devoid of inherent distinctive character according to Article 3(1)(b) of the Directive/ Article 7(1)(b) of the Regulation and should be declared invalid also on the ground that they consisted exclusively of the shape which gave substantial value to the goods pursuant to Article 3(1)(e)(iii)/ Article 7(1)(e)(iii). The CTM was decided to be revoked for non-use under Article 10(1) and 12(1)/ Article 15(1) and 51(1)(a) and the defendants were found not to have been infringed either of the trade marks.
The full text is available on EuroCases