Black cabs don’t get Trademarke in London

London Taxi Company wanted to claim exclusive rights to the form of the black taxi and to frustrate a rival company. But Lord Justice Kitchin and Lord Justice Floyd have confirmed a ruling issued last year by a judge of first instance.

In January 2016, Judge Arnold ruled that the form was not a “valid trademark” after a high court hearing in London.

Appeal judges rejected a challenge on Wednesday, though Lord Justice Floyd indicated that the Supreme Court judges could be asked to consider the case.

The London Taxi Company has been trying to prevent a rival manufacturer from producing a new taxi style in London that claims to violate its intellectual property rights in its original form, “said lawyer Mike Gardner, who is at law firm Wedlake Bell.

The appeal court has reduced the notion that there is a trademark protection for classic design. The case illustrates how difficult it is for anyone to obtain a permanent monopoly to protect the form of something as a brand, even when that form is iconic.

Loss of their trademark registrations essentially leaves the London Taxi Company handicapped to prevent competitors from producing similar vehicles.

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