The Times on line edition reports that the crocodile logo for a Gloucestershire dental practice has successfully resisted a trade mark attack from Lacoste.
It was ruled by Professor Ruth Annand, sitting as an Appointed Person, that “[d]ental services are so different to clothing that . . . the average consumer of goods or services in question, who is reasonably well informed and reasonably observant and circumspect, would not make that mistake.”Moreover it was held that there was no likelihood of confusion between both signs. The decision reportedly stated that:
"The marks have a degree of visual similarity because they both show a reptilian device but that's the extent of the similarities"
"Each creature has clear and marked differences in presentation. Conceptually, I find the marks to be very different.
"The applicant's mark is bound to bring to mind a practice dealing with dentistry. The earlier mark brings to mind a reptile."
Lacoste's appeal was thus rejected.
3 comments:
The UK Intellectual Property Office has now posted the full text of this decision on its website at http://www.ipo.gov.uk/tm/t-decisionmaking/t-challenge/t-challenge-decision-results/o36107.pdf
See also the IPKat post regarding the crocodile case: http://ipkitten.blogspot.com/2008/01/if-you-should-meet-crocodile.html
Lawtel subscribers should note that this case was posted on that service on 16 January 08.
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