As early as2023years4month, "WAGATHA CHRISTIE" Word mark (UK00003895558) The successful registration in the UK caused a lot of media attention.

then, Trademark experts were surprised by the application's broad description. The application covers a wide range of goods and services, from cosmetics to broadcasting services. The broad description indicates that the English footballer Jamie．Vardy (Jamie Vardy) His wife Rebecca．Vardy (Rebekah Vardy) How do you intend to use the trademark, It even suggests she might be looking to sign a licensing agreement with a third party.

Given the broad nature of the trademark, Inevitably there will be questions about Vardy's intentions for the future5The trademark is used on all goods and services covered during the year. If the trademark is not used, These goods and services could easily be withdrawn as unused. secondly, Given that Vardy ultimately lost a high-profile defamation lawsuit, She will take positive steps, Indicate intent to use "WAGATHA CHRISTIE" trademark.

As everyone knows, Trademarks have monopoly rights. Trademarks can be relied upon to prevent third parties from using the same or similar mark on the same or similar goods and services covered by the trademark. In this legal context, To tell the story of Vardy and former England star Wayne．Rooney (Wayne Rooney) His wife Colleen．Rooney (Coleen Rooney) A documentary on the libel battle launched in the High Court, Disney may face challenges in choosing a title. In view of "WAGATHA CHRISTIE" Trademark registration in the UK covers No38Class service, Especially broadcasting, What name could Disney use?

Lucy the legal expert．Marlow (Lucy Marlow) According to:

"Using the same logo on the same service may cause infringement of the UK trademark. therefore, Disney's legal team wanted to avoid using it in the title of its documentary 'WAGATHA CHRISTIE' trademark. however, On account of 'WAGATHA CHRISTIE' The term is well known to the public, Referring to high-profile defamation claims, So it's understandable that Disney would want to use that word, or something similar, in the title. Disney wanted viewers to easily understand the nature of the documentary itself from the title. therefore, Disney's lawyers sought to reconcile these antagonisms when choosing a documentary title. "

It is revealed that, The show will be called "Colleen．Rooney: The true Vagata story (Coleen Rooney: The Real Wagatha Story) " .

Because the title contains "Wagatha" One word, Thus the title is equivalent to the use of an approximation mark. Disney reduces the similarity by using a variety of additional descriptive words, This reduces the risk of infringement. As a whole, The descriptive nature of the title also reduces the likelihood of confusion about the documentary's source, This is when the relevant trademarks are not exactly the same, An element that the parties must prove.

Disney probably took that into consideration when choosing the title "1994Trademark act" The first11 (2) (b) article. This article provides, If the use of the registered trademark is necessary to indicate the type of service provided by the trademark, So long as the use is consistent with the practice of good faith in industrial or commercial affairs, It does not constitute infringement. However Disney does not need to use "WAGATHA" To indicate the intended nature of its documentary, This is debatable.

Because trademark protection is district-based, while "Wagatha Christie" The mark does not appear to have been registered outside the UK, So whether Disney will adopt the inclusion outside the UK "Wagatha Christie" The name of, That would be an interesting question, Because outside the UK, The risk of trademark infringement may be much lower.

If Disney is perceived as being geared towards British consumers, Then it could still face UK trademark infringement charges. (Be compiled fromtrademarklawyermagazine. com)

TRANSLATORS: Rason group　proofread: Liu Peng



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