This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/world/2017/nov/01/black-cab-shape-not-distinctive-enough-to-be-trademark-say-judges
The article has changed 4 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Black cab shape not distinctive enough to be trademark, say judges | Black cab shape not distinctive enough to be trademark, say judges |
| (3 months later) | |
| Appeal court rules against London Taxi Company, which claimed exclusive right to shape of its cars in order to thwart rival firm | |
| Press Association | |
| Wed 1 Nov 2017 17.54 GMT | |
| Last modified on Mon 27 Nov 2017 14.30 GMT | |
| Share on Facebook | |
| Share on Twitter | |
| Share via Email | |
| View more sharing options | |
| Share on LinkedIn | |
| Share on Pinterest | |
| Share on Google+ | |
| Share on WhatsApp | |
| Share on Messenger | |
| Close | |
| New-style taxis could soon roll on to city roads after court of appeal judges ruled that the shape of the traditional London black cab was not distinctive enough to be a trademark. | New-style taxis could soon roll on to city roads after court of appeal judges ruled that the shape of the traditional London black cab was not distinctive enough to be a trademark. |
| The London Taxi Company wanted to claim exclusive rights to the black cab shape and thwart a rival firm. But Lord Justice Kitchin and Lord Justice Floyd have upheld a ruling made last year by a high court judge. | The London Taxi Company wanted to claim exclusive rights to the black cab shape and thwart a rival firm. But Lord Justice Kitchin and Lord Justice Floyd have upheld a ruling made last year by a high court judge. |
| In January 2016, Mr Justice Arnold ruled that the shape was not a “valid registered trademark” after a high court hearing in London. | In January 2016, Mr Justice Arnold ruled that the shape was not a “valid registered trademark” after a high court hearing in London. |
| Appeal judges dismissed a challenge by the taxi company on Wednesday – although Lord Justice Floyd indicated that supreme court justices might be asked to consider the case. | Appeal judges dismissed a challenge by the taxi company on Wednesday – although Lord Justice Floyd indicated that supreme court justices might be asked to consider the case. |
| Rival Ecotive said it was now in a position to put its electric Metrocab into production. | Rival Ecotive said it was now in a position to put its electric Metrocab into production. |
| Confectionery giant Nestle earlier this year lost a similar trademark fight over the shape of its KitKat chocolate bar. | Confectionery giant Nestle earlier this year lost a similar trademark fight over the shape of its KitKat chocolate bar. |
| Specialist lawyers said Wednesday’s ruling showed how hard it was for manufacturers to trademark shapes. | Specialist lawyers said Wednesday’s ruling showed how hard it was for manufacturers to trademark shapes. |
| “The London Taxi Company has been trying to prevent a rival manufacturer from producing a new style of London taxi which it claims infringes its intellectual property rights in the original shape,” said lawyer Mike Gardner, who is based at law firm Wedlake Bell. | “The London Taxi Company has been trying to prevent a rival manufacturer from producing a new style of London taxi which it claims infringes its intellectual property rights in the original shape,” said lawyer Mike Gardner, who is based at law firm Wedlake Bell. |
| “The court of appeal has dashed the notion that there is any trademark protection for the classic design.” | “The court of appeal has dashed the notion that there is any trademark protection for the classic design.” |
| He added: “The case illustrates how difficult it can be for anyone to obtain a permanent monopoly to protect the shape of something as a brand – even where that shape is iconic. The loss of its trademark registrations effectively leaves the London Taxi Company powerless to prevent competitors producing similar-looking vehicles.” | He added: “The case illustrates how difficult it can be for anyone to obtain a permanent monopoly to protect the shape of something as a brand – even where that shape is iconic. The loss of its trademark registrations effectively leaves the London Taxi Company powerless to prevent competitors producing similar-looking vehicles.” |
| Road transport | |
| Intellectual property | |
| news | |
| Share on Facebook | |
| Share on Twitter | |
| Share via Email | |
| Share on LinkedIn | |
| Share on Pinterest | |
| Share on Google+ | |
| Share on WhatsApp | |
| Share on Messenger | |
| Reuse this content |