Yell walks off with decision

The Patents County Court has decided a case where the defendants’ websites passed off and infringed Yell’s well-known Yellow Pages word mark and walking fingers logo in the UK. The websites used the words ?transport yellow pages’ and a walking fingers device in a truck motif for an online directory of transport business and other services. The defendants did not deny using the trade makes but argued that their websites were not UK-based and were therefore outside the court’s jurisdiction. The judge concluded that average consumers within the UK would regard the websites as being directed at them for services in the UK and supplied in the UK and there was trade mark infringement. In relation to passing off Yell’s marks, the UK public associated them with a UK directory service however it was delivered and the defendants’ argument that they were generic over the internet was rejected.

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