Source: All England Reporter
Publisher Citation: [2002] All ER (D) 417 (Mar)
Neutral Citation: [2002] EWHC 467 (Ch)
Court: Chancery Division
Judge:

Lloyd J

Representation Michael Bloch QC and Andrew Norris (instructed by Hammond Suddards Edge) for the claimants.
  Richard Arnold QC and Giles Fernando (instructed by Pannone and Partners) for the defendant.
Judgment Dates: 26 March 2002

Catchwords

Trade mark - Infringement - Validity - Absolute grounds for refusal of registration - English rugby team wearing red rose emblem on rugby jerseys - Whether rose regarded as sign of trade origin, distinguishing goods of or associated with first claimant - Whether rose perceived by members of public as national emblem or symbol, associated with English rugby team - Council Regulation (EC) 40/94.

The Case

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