Trade mark decision

BL Number

O/582/01

Decision date

20 December 2001

Hearing officer

Mr A Pike

Mark

YOU`LL NEVER WALK ALONE BY DIF SOUVENIRS

Classes

24, 25, 26

Applicant

Dig Souvenirs Limited

Opponent

Liverpool Football Club and Athletic Grounds PLC T/A Liverpool Football Club

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): - Opposition failed

Section 5(4)(a): - Opposition failed

Points Of Interest

• None

Summary

The opponents opposition was based on their ownership of some thirty three registrations in a range of classes, including those of the applicants, of two Liverpool Football Club badges which consist of shield and scroll devices with the prominent words LIVERPOOL FOOTBALL CLUB and in smaller lettering the words YOU’LL NEVER WALK ALONE. One of the marks also bears the dates 1892-1992. The opponents also filed evidence to support a claim that the words YOU’LL NEVER WALK ALONE are associated with Liverpool Football Club. They also filed witness statements from a number of other football clubs which stated that if they encountered the mark at issue, they would assume that the goods either came from or were authorised by Liverpool Football Club.

Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and went on to compare the respective marks. While he noted that both marks included the words YOU’LL NEVER WALK ALONE he decided that, comparing the marks as wholes, they were visually, aurally and conceptually very different and thus not confusingly similar. Opposition failed on this ground.

With regard to the ground under Section 5(4)(a) - Passing Off - the Hearing Officer concluded that the opponents had not shown that they had a reputation in the words YOU’LL NEVER WALK ALONE in relation to goods and, as he had found that the respective marks were not similar, it followed that the opponents must also fail on this ground.