Criminal Clothing applied to register as a UK trade mark a figurative representation of the word CRIMINAL for "articles of clothing, headgear, footwear; parts and fittings for the aforesaid goods" in class 25. Aytan opposed, citing a likelihood of confusion with its earlier UK and Community trade marks for CRIMINAL DAMAGE, also in stylised form, for "articles of clothing, boots, shoes, slippers, sandals". Aytan also maintained that, becaue of the goodwill and reputation it enjoyed in those earlier marks, any use of CRIMINAL would be passing off.
Christopher Floyd QC dismissed the appeal on all grounds -- and that WOULD be that, except for one little thing.
The IPKat notes that the unsuccessful party here had instructed Willoughby & Partners as its solicitors, the very same firm that, it was reported earlier today, Sir Hugh Laddie is joining next month when he hangs up his judicial spurs. And this case raised the issue of "likelihood of association", the topic so beautifully analysed by Sir Hugh in the first UK trade mark infringement case in post-Directive Britain, Wagamama v City Limits [1996] ETMR 23. Merpel adds, "and I thought it was just the prices that were criminal ..."
More criminal clothes here , here and here
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