Tourist trap: popular design held invalid

22-03-2022

Liz McAuliffe

Tourist trap: popular design held invalid

Sven Hansche / Shutterstock.com

Instantly recognisable to anyone who has visited the city centre, the ‘London’ tee-shirt motif has been held invalid. Liz McAuliffe of EIP explains more.

A design, which is probably familiar to many, has been held invalid by Recorder Douglas Campbell QC in a decision at the Intellectual Property Enterprise Court (IPEC).

Background

The claimant brought a claim against Posh Fashion for infringement of his two registered designs (dated May 18, 2011), which were for the front and back of a hoody and tee-shirt bearing a legend that consists of the word ‘London’, the Union flag and the word ‘England’ (the “London+Flag+England” legend).  The designs are shown below (registration numbers 4 020 066 and 4 020 067 respectively).


Registered designs, London, tee-shirt, Intellectual Property Enterprise Court, trademarks

WIPR