Specsavers International Healthcare Ltd. v. Asda Stores Ltd.
European Union Court of Justice
Case C-252/12 (2013)
- Written by Eric Miller, JD
Facts
Asda Stores Ltd. (Asda) (defendant), a British supermarket chain, launched an advertising campaign designed to compete with Specsavers, the largest optician chain in the United Kingdom. The campaign included slogans like “Be a real spec saver at Asda” and design elements that mimicked the Specsavers logo, which consisted of two overlapping oval shapes. Specsavers held trademarks in the word “Specsavers” and in various versions of the logo, including a design with the word “Specsavers” appearing within the oval shapes and a wordless version of the design. A group of Specsavers companies (collectively, Specsavers) (plaintiff) brought a trademark-infringement action against Asda. The High Court of Justice for England and Wales found no infringement and revoked Specsavers’ trademark in the wordless logo on the ground of nonuse. Asda appealed. The court of appeals stayed proceedings and referred the matter to the European Union Court of Justice for a preliminary ruling.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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