Schuh Ltd’s application for an injunction on the basis that the trade mark ‘Schuh’ was similar to ‘Shhh’ has been rejected by a Scottish Court. The claimant had failed to make a case of the likelihood of confusion under the Trade Marks Act. Shhh…Ltd, the defendant, planned to open a chain of luxury shoe shops by invitation only. As well as finding the marks were neither similar visually nor aurally the judge found them conceptually different. A claim for passing off was dismissed for similar reasons. The judge explained he would in any event have refused the injunction as there was very little chance of Schuh suffering any damage; whereas the grant of an injunction would render the defendant’s business “still born”.