London Associate Theresa Castle authored an article for World Trademark Review examining a Court of Appeal decision in favor of the British Amateur Gymnastics Association in a trademark infringement passing-off claim against UK Gymnastics Limited. Castle details the background of the case and decision, which upheld the Intellectual Property Enterprise Court’s prior ruling affirming that there was trademark infringement but narrowed the scope of the injunction against the defendants.
Castle concludes, “This case acts as a reminder that a high degree of conceptual similarity can offset a low degree of visual and aural similarity. Businesses should also be aware that evidence of actual confusion that is old and/or limited can still support and augment the court’s assessment of the likelihood of confusion, as long as it allows the court to consider whether there has been an opportunity for such confusion to occur.”
To read the full article, click here.
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