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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BLACK ENTERPRISE (Trade Mark: Opposition) [2005] UKIntelP o10305 (18 April 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o10305.html
Cite as: [2005] UKIntelP o10305
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BLACK ENTERPRISE (Trade Mark: Opposition) [2005] UKIntelP o10305 (18 April 2005)
For the whole decision click here: o10305
Trade mark decision
- BL Number
- O/103/05
- Decision date
- 18 April 2005
- Hearing officer
- Mr M Reynolds
- Mark
- BLACK ENTERPRISE
- Classes
- 16
- Applicant
- Kofi Kusitor
- Opponent
- Earl G Graves Publishing Co Inc
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Reputation by reason of website use.
Summary
The opponents were publishers, in the USA, of a magazine entitled BLACK ENTERPRISE. They claimed a reputation in the UK by reason of sales here, and use of a website.
Having examined the evidence, however, the Hearing Officer concluded that it was insufficient to support a case under Section 5(4)(a). But he went on to say that had the evidence been stronger he would have found that misrepresentation and damage would have resulted. The applicant's contention that his 'newspaper' would not have trespassed on the opponents goodwill in their 'magazine' involved "too fine a distinction".