On Wednesday the Chancellor delivered his decision in Hachette Filipacchi Presse v SIP. The case is an appeal from the hearing officer concerning the registrability of ELLE by SIP for yarns, opposed by the publisher of Elle the magazine. The Chancellor dismissed appeals concerning oppositions based on confusion under s.5(2) and unfair advantage under s.5(3).
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1 comment:
Oh dear. It looks as though we're back into the great section 5(2) debate : is there a threshold 'similarity' test or is it, as Messrs Hobbs and Arnold would have us believe, all a matter of degree ?
Hmmm... I wonder if this is all a distinction without a difference, and that really everyone is on the same side. Some choose to use the 't' word "threshold" and others don't.
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