Casual clothing maker, Jack Wills has won the case on trademark infringement and passing off with respect to “Mr Wills”, a silhouette of a pheasant with top hat and cane, features on many of Jack Wills’ garments, which is registered as a UK and community trademark. Jack Wills brought claims against department store, House of Fraser because of its use of a similar-looking Pigeon logo.
Mr Wills is “inherently distinctive”, and that it had made “extensive use” of the Mr Wills logo in relation to its clothing. The High Court was of the view that there was "a reasonable degree of visual similarity and a high degree of conceptual similarity between the marks." Both the goods were identical and that the types of garments on which the logos were used corresponded closely - all of which suggested a likelihood of confusion existed with regard to an average consumer.
-Shambhavi Mishra
Mr Wills is “inherently distinctive”, and that it had made “extensive use” of the Mr Wills logo in relation to its clothing. The High Court was of the view that there was "a reasonable degree of visual similarity and a high degree of conceptual similarity between the marks." Both the goods were identical and that the types of garments on which the logos were used corresponded closely - all of which suggested a likelihood of confusion existed with regard to an average consumer.
-Shambhavi Mishra
