The Glee decision: Court of Appeal rules in favour of UK comedy club over 20th Century Fox

March 16, 2016

The Court of Appeal has upheld a High Court ruling of 2014 that Twentieth Century Fox’s “glee” television series infringed Comic Enterprises Ltd’s trade mark for “the glee CLUB”. A parallel claim in the High Court for passing off failed. The Court of Appeal’s decision confirms that evidence of “wrong way round confusion” can be used in trade mark cases, in this case being evidence from members of the public who knew of the “glee” TV series and later saw or heard about Comic’s business and believed it to be connected with the TV series.

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