Retromark Volume IV: the last six months in trade marks
It’s time for Volume IV! Darren Meale of Simmons & Simmons presents his fourth instalment [previously: here , here , here ] of the Retromark trade mark litigation round up. This time around we have eight worthy UK and EU cases for you, including some big hitters in the form of Cartier , Louboutin and – because Retromark wouldn’t be complete without one – the latest round of the Kit Kat saga. 1. Are trade marks covering “financial services” lacking in clarity and precision? FIL Ltd v Fidelis Underwriting [2018] EWHC 1097 , High Court of England and Wales (May 2018) The use of FIDELIS for specialty insurance and reinsurance services does not infringe FIDELITY for financial services, holds Mr Justice Arnold. FIDELITY was also descriptive of fidelity insurance, meaning the registrations for the same should be amended down to “insurance services except fidelity insurance” (I think this is sensible enough but I’m not as sure as the judge that POSTKANTOOR permit...