Comic Enterprises Ltd v Twentieth Century Fox Film Corp, CA (Arden, Kitchin, Lloyd Jones LJJ), 25/5/16

Following a decision in which the Court of Appeal upheld the High Court’s decision that Twentieth Century’s use of the sign “Glee” as the title of a television programme infringed a series of trade marks registered by Comic Enterprises, the Court gave a supplementary ruling on the issue of whether the Trade Marks Act 1994 s.41 (providing for the registration of a series of marks) was compatible with arts. 2 and 3 of Directive 2008/95. The structure of the Act and the terms of s.41 suggested that a series of trade marks was a bundle of individual marks, where the marks resembled each other as to their material particulars. S.41 was intended to facilitate the effective administration of the registration system and did not purport to create new trade mark rights or a new kind of trade mark. It was not incompatible with EU law.