The recent trade mark infringement case between Twentieth Century Fox and Comic Enterprises over a composite mark including the words “The Glee Club” is no laughing matter. The High Court considered the concept of “wrong way round” confusion: whether evidence that demonstrated that members of the public had wrongly linked the Claimant’s venues trading as “The Glee Club” to the Defendant’s TV show “Glee” as sufficient to establish infringement of the Claimant’s mark. More typically, a Claimant will present evidence that the Defendant’s goods or services have been confused with the Claimant’s goods or services. The judge held that any confusion will suffice, whether that is the “wrong way round” or the “right way round”.

The judgment also considers the thorny issue of dilution following the Intelmark decision, in particular how the courts will assess the evidential requirement of demonstrating a ‘change in the economic behaviour’ of the relevant consumer. 

For our full analysis of this important decision, click here.