Re Pianotist Co's Application
| Jurisdiction | England & Wales |
| Judgment Date | 1906 |
| Date | 1906 |
| Year | 1906 |
| Court | Chancery Division |
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Unilever Plc v Controller of Patents, Designs and Trade Marks and Sunrider Corporation (No 2)
... ... In the matter of the Trade Marks Act, 1963 And in the matter of Trade Mark Application 171850 SunSmile under the Trade Marks Act, 1963 in the name of SUNRIDER ... 32 This issue was considered in The Pianotist Company Limited [1906] R.P.C. 774 at 777 by Parker J. The trade mark registration in that case ... ...
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4 books & journal articles
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Intellectual Property Law
...place reliance on the celebrated passage by Parker J in Re an Application by the Pianotist Co Ltd for the Registration of a Trade Mark (1906) 23 RPC 774 (‘Pianotist case’) at 777: You must take the two words. You must judge them, both by their look and by their sound. You must consider the ......
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Intellectual Property Law
...the well-known Pianotist approach (see In the Matter of an Application by the Pianotist Company Ld for the Registration of a Trade Mark(1906) 23 RPC 774) under the old law towards comparing marks (which the judge cited with approval (at [19])): You must take the two words. You must judge of......
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The value judgment conundrum: A critical review of recent trade mark appeal decisions
...the basic approach set out above. The tests are sen sible, 6 Plascon-Evans (n5) 641.7 Zonquasdrift (n3) para [11].8 Pianotist Co’s Appn (1906) 23 RPC 774.9 Pianotist (n8) 777.THE VALUE JUDGMENT CONUNDRUM 145© Juta and Company (Pty) practical and realist ic, have stood the test of time and a......
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Intellectual Property Law
...and ‘McCAFE’ were visually, aurally and conceptually similar, adopting the well-known test articulated in the Pianotist case (1906) 23 RPC 774 for comparing conflicting marks, and that Future”s instant coffee mix was similar to, if not identical with, McDonald”s goods which included coffee.......