A high court judge has ruled that one of London’s most famous sights, the black cab, is not that unique after all, concluding that they are “devoid of inherent distinctive character”.
Mr Justice Arnold said that the taxis are “merely a variation of the typical shape of a car” and ruled that trademarks exclusively relating to its shape should be deemed invalid.
He made the judgment on Wednesday after a legal row between the manufacturer of the traditional London taxi and the group behind a new eco-friendly cab. The ruling paves the way for the “green” taxis to hit London’s roads over the next few years.
Arnold said: “In my view the CTM [the design of the black cab] would have been perceived by the average consumer of taxis as merely a variation of the typical shape of a taxi.
“I should make it clear that, if one considers the question from the perspective of the average consumer of cars, in my view the CTM would be perceived as merely a variation of the typical shape of a car.”
The two trademarks in question during the hearing related to three-dimensional drawings of the exterior of the typical black cab.
The London Taxi Company, which is owned by Chinese group Geely, had claimed the new Metrocab was “substantially copied” from the design of the TX4, the latest version of the hackney carriage.
The Metrocab is a hybrid-powered taxi developed by Frazer-Nash Research and Ecotive. The zero-emissions vehicle uses an electric battery and a petrol engine, which extends the range of the battery.
The judge dismissed fraud allegations by the London Taxi Company as “deeply implausible” and said that even if the trademarks were valid then the Metrocab was not simply a copy of the TX4.
The Metrocab is scheduled to go into bulk production later this year and is at the forefront of a drive by Boris Johnson, the mayor of London, to ensure that all new taxis are zero-emission by 2018. Geely has pledged to invest £250m into a new facility in Coventry to produce greener versions of its black cab.
Peter Johansen, the chief executive of the London Taxi Company, said: “We are understandably disappointed by the judge’s ruling. We will review the ruling to determine our way forward.”
The London Taxi Company has been in operation since 1899, with black cabs going on to become one of the symbols of London.
A fleet of black cabs featured in the closing ceremony for the London 2012 Olympics, and last year it was voted as London’s favourite transport “design icon” in a survey conducted by Transport for London (TfL) and the London TransportMuseum.
It represents another blow for the traditional London taxi as it battles against the rise of Uber, the car-hire smartphone app.
TfL announced on Wednesday that after conducting a consultation it would not be introducing proposed new regulations that would have affected Uber, including forcing minicab operators to provide booking confirmation details to the passenger at least five minutes before a journey starts.
The high court decision follows a similar ruling on Wednesday about KitKat, with the same judge deciding that Nestlé could not trademark the shape of its chocolate bar.
Source : The Guardian
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