Originally published in TEDR Volume 13 Issue 3 (publication date not recorded).
[2008] EWCA Civ 842 TEDR Volume 13 Issue 3
This matter arose out of opposition proceedings pursuant to the Trade Marks Act 1994. The opponents (Direct Line) contended that the mark sought to be registered (a computer mouse with wheels (of undetermined colour) for insurance and financial services) was similar and confusing relative to their own (a red telephone with wheels) and that it took advantage of their own mark.
The critical issue was that of confusion, i.e. Would people confuse the esure mouse with the Direct Line Telephone and the Direct Line company and business.
Direct Line commissioned an Expert’s Report from an expert in branding.
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