European Ltd v Economist Newspaper Ltd

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
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232 cases
  • The Polo/Lauren Co, LP v Shop In Department Store Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 23 September 2005
    ...Sport [1998] RPC 199 (“Sabel”) and followed by the English Court of Appeal in The European Limited v The Economist Newspaper Limited [1998] FSR 283 (“The 13 The plaintiff submitted that the global assessment test should not be applied for a few reasons. Firstly, the approach is the result o......
  • 10 Royal Berkshire Polo Club Trade Mark
    • United Kingdom
    • Trade Marks Registry
    • Invalid date
  • Nutrimedical B.v v Nualtra Ltd
    • Ireland
    • High Court
    • 2 May 2017
    ...witnesses is not to determine the critical issue for this Court, since as noted by Millet LJ in The European v. The Economist [1998] FSR 283 at p. 291:- 'In the end the question of confusing similarity was one for the judge. He was bound to make up his own mind and not leave the decision t......
  • Eli Lilly and Company Ltd v Human Genome Sciences Inc. (No 2)
    • United Kingdom
    • Chancery Division
    • 28 June 2013
    ...enjoy broader protection than marks with a less distinctive character (see Canon, paragraph 189)." As Millett LJ observed in The European v The Economist [1998] FSR 283 at 289, the converse is also true. He went on to state: " … Where descriptive words are included in a registered trade ma......
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1 firm's commentaries
  • James & Wells wins High Court Appeal for Cambricare
    • New Zealand
    • Mondaq New Zealand
    • 27 July 2012
    ...similar, they were not confusingly similar: a degree of similarity was tolerable (The European Limited v The Economist Newspaper Limited [1998] FSR 283 at 288 per Millett LJ). Consequently use of CAMBRICARE was not likely to deceive or confuse consumers. The Court's In the Court's decision,......
1 books & journal articles
  • Shaving the Trade Marks Directive Down to Size?
    • United Kingdom
    • Wiley The Modern Law Review No. 63-4, July 2000
    • 1 July 2000
    ...the Act nor the Directive expressly mandates this result. See, as to the effect of a disclaimer,European Ltd vEconomist Newspapers Ltd [1998] FSR 283. Also see Registered Designs Act 1949, s 7(6), but cf Granada TM [1979] RPC 303, 306.28 As Jacob J put it, ‘what is meant is an exclusion of ......

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