Direct Line Car Insurance has won a hearing at the Court of Appeal against eSure, who used a similar mark – a mouse with wheels – to Direct Line in a series of advertisements run in 2004. Direct Line had been using a telephone on wheels in its advertising since 1990.
Just a few days prior to running the ad campaign, eSure registered a trademark application for its mouse with wheels mark. This application was opposed by Direct Line on the grounds that it was too similar to its own and would benefit unfairly from the goodwill that Direct Line’s mark had built up over the years.
Direct Line then launched a legal battle to prevent eSure from using its wheeled mouse in any further promotions.
However Direct Line won the hearing in 2006. eSure appealed, saying there were ‘errors in principle’ made by the Hearing Officer.
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