E! inward ecstasy over High Court victoryHot off the BAILII website this afternoon is today's ruling of Mr Justice Peter Smith inward Deutsche Telekom AG v E! Entertainment Television Inc [2006] EWHC 33 (Ch).
EET applied to register equally a serial of U.K. merchandise marks the words E! ONLINE together with E! Online for diverse goods together with services inward classes 9,16 together with 41. Deutsche, who owned the T-ONLINE U.K. together with CTM for similar goods together with service, opposed the application, pleading a likelihood of confusion betwixt the T-ONLINE together with EET's marks together with likewise alleging that, past times virtue of T-ONLINE's reputation, EET's registration would crusade detriment to the distinctive grapheme of the T-ONLINE mark.
The hearing officeholder examined Deutsche's testify together with constitute that, at the engagement EET applied for registration, it could non survive said that Deutsche had used its marks to such an extent that they had buy the farm especially distinctive, or that Deutsche had a reputation that could survive protected - especially since the T-ONLINE service was available alone inward the High German language.Deutsche's appeal was dismissed past times Peter Smith J. In his persuasion the hearing officer’s judgment was unimpeachable: he had correctly ready out the law, correctly identified together with summarised the relevant testify together with had hence applied it inward accordance amongst those principles. What's more, the hearing officeholder had non erroneously dissected the marks when comparison them.
thinks this looks right on the facts. The fact that Deutsche Telekom's T ... is hence well-known inward its ain right does non hateful that T-ONLINE has inherited the same flat of reputation.
E! Online here
T-Online hier
Information on Ecstasy here, here and here
Spirit of Ecstasy here
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