Court of Appeal says the wrong way can be the right way in its effort to bring clarity to confusion

"In Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2016] EWCA Civ 41 the Court of Appeal reviewed the evidence required to demonstrate a ‘likelihood of confusion’ under Section 10(2)(b) of the Trademarks Act 1994 and to demonstrate ‘detriment’ under Section 10(3) of the act. The court also considered the relevance of confusion to passing-off claims - in particular, whether the existence of confusion means there has been a misrepresentation. The case is particularly interesting for the court’s discussion on ‘wrong way’ confusion, also known as ‘reverse’ confusion."

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Nick Bolter Partner, London