Free 4All For Phone(S) 4U

Here's roughly other curiosity which has thus far surfaced exclusively on the LexisNexis-owned Butterworth All England Direct subscription service (how create they larn these cases?). In Phones 4u Ltd together with roughly other v Phone4u.co.uk Internet Ltd together with others [2005] EWHC 334 (Ch) Phones 4u had since 1995 run a chain of shops called ‘Phones 4u’; its nurture fellowship owned a merchandise grade consisting a logo limited to the colours red, white together with blue.

In August 1999 Phone4u.co.uk obtained the domain cite ‘phone4u.co.uk’ together with laid upwards an internet-based trouble organisation selling mobile phones. The domain cite ‘phone4u.com’ was too acquired. Phone4u.co.uk was incorporated inward Apr 2000 but did non trade; cash generated every bit a termination of sales from the Phone4u.co.uk website were accounted for personally. Phones 4u sued Phone4u.co.uk for passing off together with merchandise grade infringement. The primary number for decision yesteryear the courtroom was whether Phones 4u had established that it had, at the relevant date, acquired sufficient goodwill or reputation inward the term ‘phones4u’.

Richard Sheldon QC, serving every bit a Deputy Judge inward the Chancery Division, dismissed Phones 4u's claims.

On passing off

* Taking merchandise presence, turnover together with build awareness into account, Phones 4u failed to shift the burden of proving that it had the requisite goodwill or reputation inward the facial expression ‘Phones 4u’ at the relevant date.

* Bearing inward heed the descriptive nature of the cite ‘Phones 4u’, the fact that at that topographic point was pregnant purpose was insuffficient to constitute the being of reputation inward August 1999.

On merchandise grade infringement

* Phones 4u, having opted for a limitation every bit to the colours of its registered grade nether the Trade Marks Act 1994, s.13, could non together with thus assert infringement arising out of Phone4u.co.uk's purpose of the grade inward dissimilar colours. Accordingly, the claim for merchandise grade infringement would too live on dismissed.

Phone 4u or Phones 4u? It's a unopen telephone hollo upwards ...

can't believe that the limitation of a merchandise grade to only 3 colours agency that a grade loses the protection available against similar marks that crusade a likelihood of confusion -- but he's prepared to appear till he sees the total judgment earlier taking sides ... Merpel says marks of this nature are thus descriptive it seems a shame they're entitled to whatever protection at all. Such protection every bit at that topographic point is must live on a kindness to consumers rather than a favour to unimaginative traders.

Phones 4u here; Phone4u.co.uk here
Some interesting telephone sites here, here and here