ARTICLE · 28 NOVEMBER 2017

The Difficulty In Showing Acquired Distinctiveness Of Marks Consisting Of A Shape

Goldman Sloan Nash & Haber LLP

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A recent decision of the U.K Court of Appeal illustrates the difficulties in enforcing trademarks consisting of the shape of goods.

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A recent decision of the U.K Court of Appeal illustrates the difficulties in enforcing trademarks consisting of the shape of goods.

The Facts

The London Taxi Corporation Limited ("LTC") is the registered owner of a Community Trade Mark registered in respect of "motor vehicles", among other things. The mark is a three-dimensional trade mark as shown below:

LTC is also the registered owner of a similar U.K. three-dimensional trade mark.

Frazer-Nash Research Limited ("FNR") is the successor in title to the manufacturers of several models of competing London taxi, called the Metrocab. After an extensive process of development and testing, FNR developed the hybrid electric Metrocab shown below:

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