Coventry's London Taxi Company loses black cab trademark battle

[dutchman]

The Holyhead Road based motor manufacturer wanted to claim an exclusive right to the shape



Two Court of Appeal judges have ruled that the shape of a traditional London black cab is not distinctive, following a trademark dispute.

Lord Justice Kitchin and Lord Justice Floyd upheld a ruling on Wednesday that was made last year by a High Court judge.

The London Taxi Company, which is relocating from Holyhead Road in Coundon to a new £300m plant at Ansty, wanted to claim an exclusive right to the shape.

In January 2016 Mr Justice Arnold ruled that the shape was not a "valid registered trade mark" after a High Court hearing in London.

He said the shape lacked "distinctive character".

The two appeal court judges have now dismissed the taxi company's challenge to Mr Justice Arnold's ruling, following a Court of Appeal hearing in London in July.

Lord Justice Floyd indicated that taxi company bosses might try to take the case to the Supreme Court.

A legal expert last year said Mr Justice Arnold's decision would open doors for rivals.

Sharon Daboul, a specialist in trademark disputes at law firm EIP, said the ruling would clear the road for the launch of a similar-shaped "eco-friendly" taxi.

Mr Justice Arnold last year also gave a thumbs-down to a bid by Nestle to register the shape of its four-finger KitKat chocolate bar as a trademark.

Court of Appeal judges dismissed Nestle's challenge to his ruling earlier this year.