L’Oreal wins trade mark appeal
The cosmetics giant won its appeal to the Court Of Appeal(CA) towards the end of last year when the court overturned an earlier decision by the High Court that had sent shockwaves-no pun intended-through the trade mark world as the High Court had effectively ruled that the Trade Mark Registry decision had the status of a court decision.
As a result it meant that the court’s decision could not act as an appeal process for the Registry system. Arguments lost in the Registry could not be repeated in the High Court as what was until then the common practice and understanding.
The original decision was felt likely to add to the complexity of Registry proceedings and costs.
The case facts centred on the SME producer Special Effects which had registered a trade mark in the
Special Effects then sued L’Oreal for trade mark infringement arguing that L’Oreal could not contest the validity of the trade mark since this issue had already been decided at the Registry proceedings.
The CA held that the Registry decision did not have the finality of a court decision and as such L’Oreal’s arguments could be heard.
