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ARTICLE · 14 AUGUST 2008

Trade Mark Victory For Shopping Centre Operators

Clarke Willmott LLP
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3 shopping centre operators have scored a victory in the High Court in respect of their shopping centre brands, which will be of benefit to any shopping centre operator looking to promote and protect their brands in the UK.

United KingdomIntellectual Property
Ravi Mohindra
Ravi Mohindra

3 shopping centre operators have scored a victory in the High Court in respect of their shopping centre brands, which will be of benefit to any shopping centre operator looking to promote and protect their brands in the UK.

Land Securities, Hammerson and Capital Shopping Centres each applied to register certain trade marks (including respectively the White Rose logo, the Victoria Shopping Centre mark and Eden Quarter), but were initially refused protection primarily on the basis that services offered by shopping centres (such as "the bringing together for the benefit of others, of a variety of retail outlets, entertainment, restaurant and other services, enabling customers to conveniently view and purchase goods and services and make use of such facilities in a shopping centre or mall") were not "services" within the meaning of existing UK and EU trade mark law.

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