Yesterday I appeared on Radio Scotland’s News Drive programme to talk about a recent case where Virgin/Branson were unsuccessful in getting a rival trade mark application blocked.
My main point was that in Registered Trade Mark law terms a made up word such as Kodak or Viagra is usually better as it less likely that someone can use that word legitimately.
I also mentioned that it is possible that Virgin knew they were going to lose, but went for it anyway because it would get publicity (Branson is a master of publicity). And here I am giving him some more. Hmm.
I also got to talk about my favourite TM case Wagamama v Rajamama. Wagamama managed to use its trade mark stop an Indian restaurant nearby from changing its name to “Rajamama” on the basis that members of the public would think the businesses were connected. While no longer a key case in terms of trade mark law its still a favourite of mine because of the name. Go on – say it out loud – it will make you smile.
On July 29, 2009