European trademark

The London Taxi Company lost a case for trade mark infringement where the defendants succeeded in their allegations for invalidly registered trade marks

The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd & Anor [2016] 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.