The Court rejected Evegate’s claims for passing off and trademark infringement as well as Newsquest’s counterclaim that the trade mark was invalid. Referring toReckitt & Colman Products Ltd v Borden Inc and the classic test for passing off, the Court found that South East Farmer had goodwill, but misrepresentation was not given since there was no evidence of confusion. In the absence of the likelihood of confusion the figurative trade mark “South East Farmer” was also not infringed. Regarding the counterclaim the Court decided that the trade mark was valid because the actual length of its use was sufficient for the purposes of distinctiveness.
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