Appeals court strikes blow for London Taxi Company; decision highlights challenge facing shape mark applicants
The Court of Appeal of England and Wales has backed a High Court of Justice finding that the three-dimensional shapes of particular models of taxi were found to be invalid and therefore not infringed by the manufacturer of the Beardmore, Oxford and Metrocab models of London taxi. One leading industry commentator notes that the decision “is a further example of the difficulties faced by applicants for ‘shape’ trademarks in demonstrating distinctive character”.
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