Trade Mark Registration Lawyer in India | Patent Registration Attorneys Lawyer in India | Design Registration in India | IP Law Firm India | Biswajit Sarkar IP Attorney | Patent & Trademark Attorney | Copyrights | Service Mark Lawyer | Corporate Affairs | Foreign Trade | Kolkata | Japan, France, Germany

Taxi Vs. Scooter

The London Taxi Corporation Ltd Vs. Frazer Nash Research Ltd and Another case puts an awareness to the public at large for the future about the consequences relating to the shape marks which though seems to be same indeed their use and purpose to use is different. Later, it was concluded that though being iconic, highly recognizable and having distinctive character does not amount to infringement. In appeal the judge stated that shape marks depend upon services or purpose it intended for and therefore the inherent distinctive character is not enough to show the reasonable ground for using the similar kind of vehicles as the shape is considered as secondary in nature.

However, in this case the London Taxi Corporation feared of the similar shape marks vehicles that were launched by the Frazer Nash because they intended to use the same kind of shape marks vehicles from a long period of time gradually know to be highly recognizable and iconic and is also inherent distinctive character as mentioned by the London Taxi corporation. The London Taxi Corporation however, stated to the court the following reasons and asked for issuing injunction to the Frazer Nash for restraining them to launch their vehicles. On the other hand, the court restrained injunctions and stated that both the trademarks of London taxi corporation were invalid and one of them was revoked for non- use. Further the London Taxi Corporation appealed to Floyd L J claiming for its iconic, highly recognizable and inherent distinctive character where the Judge also stated that no doubt the black cab is iconic, highly recognizable but it does not prove that the shape marks have come to identify the (taxis) as originating from an undertaking and so to distinguish those goods from the goods of others. Likewise, in this case the shape marks of taxis denoted trade origin which proved to be fatal. Thus, in this case one thing is cleared that despite of being iconic, highly recognizable and inherent distinctive character the assumption lies on the usage and the purpose for using it.