The Court of Appeal have upheld a decision of HHJ Hacon that localised goodwill existing before the date of filing will lead to the invalidity of a UK trade mark under s5(4)(a) of the Trade Marks Act 1994.
The name of the case was Caspian Pizza Limited v Shah [2017] EWCA Civ 1874 and counsel for the Respondents (Defendants at first instance) was Jonathan Moss.
