Mr Justice Lewison has delivered a monster-sized judgment in the O2 v Hutchison comparative advertising case. The conclusion at the end of his 223 paragraph judgment [is this a new record for a trade mark case?] is:
- O2's bubble marks are valid. They don't lack distinctiveness;
- While there was prima-facie s.10(2) (confusion-based infringement), Hutchison had a defence under the Comparative Advertising Directive;
- There was no s.10(3) (dilution-based) infringement, and even if there had been, Hutchison would have been covered by a Comparative Advertising Directive defence.
The IPKat will bring you more when he's had time to read the case. A skim-through shows that all our old favourites are there, including Arsenal v Reed, Johnstone and Philips v Remington.