The Name Game
Following on from the main judgment in the case of Maier v Asos, the Court of Appeal has now rejected Assos’ request for leave to appeal to the High Court in respect of ASOS’ own name defence under Article 12(a) of the CTM Regulation. This decision will come as a surprise to many, given Sales LJ’s dissenting view and lengthy discussion of the own name defence provision. However, the Court maintained its pragmatic view that leave should not be granted because there was, on the facts, no marketplace confusion nor any real likelihood of future confusion between the parties. It is now likely that Assos will seek permission to appeal directly from the Supreme Court. Watch out for a Straight-up Blog article on the main judgment shortly…
Fashion /  Trademarks /  Disputes

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