Intellectual Property Enterprise Court

Claim No: IP-2022-000066 - [2024] EWHC 1369 (IPEC)

Fecha: 07-Jun-2024

Submissions

Submissions

84.

The Claimant submits that the C’s Marks have been used together since 1985 for the goods and services for which they are now registered, and they share distinctive characteristics which support a finding that they are a family of marks, including:

There is a common element in the word “Morley’s” in respect of the Morley’s Mark and the Morley’s Red and White Mark;

ii)

The Morley’s Mark is nearly identically incorporated into the Morley’s Red and White Mark, save for a colour difference and subtle differences in the fonts such that it is nearly subsumed in the Morley’s Red and White Mark;

iii)

The distinctive form of the letter “M” in the word “Morley’s” is present in both the Morley’s Mark and the Morley’s Red and White Mark ;

iv)

The triple “M” in the Morley’s Red and White Mark is identical in concept to the Triple M Mark and could be said in the same way which would make them orally and conceptually identical;

The “M” in the Triple M Mark makes reference to the distinctive “M” in the Morley’s Mark and the Morley’s Red and White Mark;

vi)

C’s Marks have been used across all Morley’s restaurant franchises in a variety of manners, including but not limited to signage, menu cards and boards, marketing and promotional material;

vii)

The same logos, marks and branding have been used, together, in the Morley’s fast food business, since 1985. SS’s evidence is that they “were, and still are, synonymous with each other”.

85.

Mr Pearson submits for the Claimant, “When they see Triple M they think of “mmm…”, the triple “M” in the Morley’s Red and White Mark, they think of “M” for Morley’s, it is all connected, in my submission.”