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 tho...
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