Does use of a trade mark within the UK constitute valid use within the EU to evidence enhanced distinctiveness of an EU trade mark?
The judgement of the Shopify vs Shoppi case has important implications for UK trade mark owners.
In this dispute the parties have agreed to issue the following announcement:
DAKY and Debenhams Retail Limited are pleased to confirm that they have reached resolution of an ongoing trade mark dispute.
Wilson Gunn client DAKY International Limited is a UK based designer brand, seller and exporter of clothing and accessories sold under its registered trade marks the stylised “” mark and
“” since 2015.
Going forward, Debenhams Retail Limited will no longer use a stylised letter “D” on its own, phasing out its use across its websites, apps and social media in the coming weeks and on in-store hangers over the next 18 months.
Debenhams will continue to use a stylised letter “D” as part of the “Debenhams” sign ensuring there is no confusion with DAKY and its branding.
DAKY will continue to invest in its products and brand and use the “” on its own and as part of its DAKY branding.
Wilson Gunn is pleased to have advised DAKY throughout this dispute and to have helped them achieve a positive outcome.
Please contact one of our attorneys for any trade mark advice.