The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Pavis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Thursday, 23 March 2006


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:

  1. O2's bubble marks are valid. They don't lack distinctiveness;
  2. While there was prima-facie s.10(2) (confusion-based infringement), Hutchison had a defence under the Comparative Advertising Directive;
  3. 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.


Peter Groves said...

Not a record: Healing Herbs v Bach Flower Remedies CH 1997-H-NO.1231 was 305 paragraphs.

Jeremy said...

Healing Herbs v Bach Flower Remedies may have more paragraphs, but it's only 23,902 words. O2 v Hutchison is 32,950. HOWEVER ... the longest is Mr Justice Laddie's epic judgment in Glaxo and others v Dowelhurst and others, which weighs in at a massive 39,501 words.

The IP Dog said...

What about Occular Science? That was a big-un!

The IP Dog said...

Oops - see you you were only talking about TM cases!!!
Duh . . .

Michael said...

Do you have any news for this case?


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