The subscription-only All England Direct service has just thrown up another UK trade mark case, Mukadam v Indobrit Magazine Ltd and another (Chancery Division, 17 March, before Deputy Judge Peter Leaver QC). Mukadam owned two registered trade marks, the first being a word mark, INDOBRIT, the second consisting of the word INDOBRIT and a star: both were registered for printed matter. The defendants published a magazine under the name Indobrit. He sued the publishers of the Indobrit magazine for trade mark infringement and won.
The result is no surprise. What interests the IPKat is the fact that the word “Indobrit” got registered at all. It seems as descriptive a term as “Anglo-Saxon” or “Afro-American” and its meaning is so plainly guessable that it seems strange that anyone should be able to obtain a monopoly of its use in the cultural media. Even more surprising is the fact that, if his Google search is anything to go by, the word “Indobrit” only seems to be used by or in relation to the defendant’s magazine.
Some Indo-contributions to British culture here, here, here, here and here
The result is no surprise. What interests the IPKat is the fact that the word “Indobrit” got registered at all. It seems as descriptive a term as “Anglo-Saxon” or “Afro-American” and its meaning is so plainly guessable that it seems strange that anyone should be able to obtain a monopoly of its use in the cultural media. Even more surprising is the fact that, if his Google search is anything to go by, the word “Indobrit” only seems to be used by or in relation to the defendant’s magazine.
Some Indo-contributions to British culture here, here, here, here and here
THE ONLY GOOD INDIAN …?
![THE ONLY GOOD INDIAN …?]()
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Friday, March 19, 2004
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