IP Snapshot: May/June 2008

TRADE MARKS

Digipos Store Solutions group Limited v Digi International Inc (High Court)

The High Court upheld the opposition of the Hearing Officer to the registration of the appellant's marks on the grounds of a likelihood of confusion between these and the earlier registered marks of the respondent, all containing the term DIGI. The Judge clearly disagreed with the approach of the Hearing Officer towards the descriptive nature of the DIGI prefix, and made it clear that he would have reached a different result were he entitled to consider the case afresh. However, he stated he was bound to accept the Hearing Officer's decision in the absence of a "distinct and material error of principle" or the Hearing Officer being "clearly wrong".