Why Sofa So Comfortable

Why Sofa So Comfortable
Sofa Furniture Manufacturers was a retailer of sofas and other furniture, as was Sofa works. Sofa Workshop traded under the name “Sofa Workshop” and also owned two Community trade marks (CTMs) for the words Sofa Workshop, which between them covered goods and services relating to various forms of furniture and accessories in Nice Classes 18, 20, 24 and 35. Sofa works traded under the name “Sofa works”.
Said Sofa Workshop, given the similarity of trading names and the fact that both businesses were competing in the same market, there was a likelihood of customer confusion. Accordingly Sofa works both infringed its two CTMs and passed itself off as being associated with Sofa Workshop. No way, said Sofa works. First, both the CTMs were invalid since the words SOFA WORKSHOP were both descriptive and lacking in distinctive character. Even if they were valid, they were liable to be revoked for non-use on the basis that there had not been a genuine use of those marks within the European Community.
Responding to the allegation of invalidity, Sofa Workshop argued that even if its mark were descriptive and non-distinctive for sofas, that wasn't the case for the other goods for which those marks had been registered, in any event, its marks had acquired a distinctive character in relation to sofas and even if its CTMs had not acquired any distinctive character, their specifications could still be appropriately narrowed in order to neutralize the objection by eliminating those goods and services in respect of which they were held not to possess distinctive character.
Judge Haakon delivered a judgment of Arnold an proportions in which he surprised this Kat and probably more than a few other readers by ruling that the marks were invalidly registered (that's not the surprising bit) and that, if they had been, they would have been liable for revocation for lack of genuine use in the EU (that's the surprise). However, the last laugh if a rather expensive one -- went to Sofa Workshop in that Sofa works was held liable for passing off. Taking a closer look at the judgment,
For more information visit this website: http://www.saddlesinc.com/studio-nappa/

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