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"Is the shape of a London taxi a valid registered trade mark?" The London Taxi Corporation v Frazer Nash Research

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Jane Lambert

Court of Appeal (Lord Justices Kitchin and Floyd) The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd and Another  [2017] EWCA Civ 1729 (1 Nov 2017)

In The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd and Another [2016] EWHC 52 (Ch) (20 Jan 2016) Mr Justice Arnold had to decide whether the shape of a London taxi could be registered as a British or European Union trade mark and, if it could, whether such a mark could be infringed by the manufacture and sale of a taxi that looks like the vehicle in the picture above. It should be remembered that art 3 of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks provides that a trade mark may consist of any signs including the shape of goods providing that such signs are capable of distinguishing the goods of one undertaking from those of other unde…