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 2 | Version 3 |
|---|---|
| Black cab shape not distinctive enough to be trademark, say judges | Black cab shape not distinctive enough to be trademark, say judges |
| (25 days later) | |
| 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 | Road transport |
| Intellectual property | Intellectual property |
| news | news |
| Share on Facebook | Share on Facebook |
| Share on Twitter | Share on Twitter |
| Share via Email | Share via Email |
| Share on LinkedIn | Share on LinkedIn |
| Share on Pinterest | Share on Pinterest |
| Share on Google+ | Share on Google+ |
| Share on WhatsApp | Share on WhatsApp |
| Share on Messenger | Share on Messenger |
| Reuse this content | Reuse this content |