Professional Documents
Culture Documents
D Jacobson & Sons Limited Vs Globe GB Limited & Globe Europe SAS Akanksha Jha 129278082 Aarthi Hariharan 129272004 Sneha Iyer 129278072
Introduction
Extent to which a manufacturer can claim complete
badge of origin
Claimant: D Jacobson & Sons Ltd (Jacobson) Defendant: Globe GB Limited and Globe Europe SAS
(together Globe)
The Case: Jacobson claims that Globe has infringed
Jacobson's registered trade mark for its Wing Flash logo by using the marking on Globes shoes. Globe has also passed off its footwear as Jacobsons
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1979
D Jacobson & Sons Ltd founded 1982
specialised in designs, imports, selling and exports of all types of ladies', men's and children's footwear
Bought Gola in 1996 along with all the Goodwill and
IP.
Jacobson registered the Wing Flash Logo for a
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by Gola
together formed Globe started in 1990 Importer and seller of footwear in UK Three particular designs- Globe Finale, the Globe Wedge and the Globe Motto had a stripe on the side Globe Side Design
capable of distinguishing goods or services of one undertaking from those of other undertakings
Consist of words (including personal names),
Jacobsons Complaint
Globe had wrongly infringed upon Jacobsons UK
Trademarks
Would cause a false association between the
Globes Case
Conceded that it had imported and sold the
Finale, Wedge and Motto design of shoes. claimed that the Gola Trade Marks were invalid backed the claim with UK Mark was invalid because its registration was contrary to Section 3(1)(a),(b),(d) Absolute grounds for refusal of registration Globe claimed that the CTM is, and has been at all material times, invalid because it is registered contrary to Article 7 (1)(a), (b) and (d) of the Regulation.
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The Survey
Participants belonged to
Great Britain aged between 20-40 years. Participants consisted of two groups
T sample 563 in number F sample 567 participants
Results
31% - something was present in the shoe that indicated the brand of the shoe T sample -11% correctly identified Gola F sample -2 people identified Globe correctly
Validity of registration
Arguments made by Globe: The protection sought by Jacobson under trade mark law for the
Wing Flash logo is not protecting an origin identity, but protecting a design. Customers have to be educated about the design. The absence of a branding manual for Gola.
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Infringement
Globe denies infringement on the following grounds:
The shoes do not bear a sign which is identical to the
Gola Trade Marks. Gola Trade Marks do not function as trademarks. The Globe Side Design does not function as a badge of origin. There is no likelihood of loss or damage to Jacobson. Globe Side Design is merely a decoration Despite selling the shoe for long, Jacobson did not 11 present any evidence of confusion in the customers
brand.
Globe Side Design on Globe's shoes misrepresents
unable to control Globe's use of the Globe Side design on the Globe shoe.
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Thank You
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