Wal-Mart Stores Inc v. Tesco Stores Limited

Wal-Mart Stores Inc

Case details

Plaintiff: Wal-Mart Stores Inc

Defendant: Tesco Stores Limited

Case no.: O/043/02

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 30 Jan, 2002

Subject matter: Conceptual similarityPhonetic similaritySimilarity of goods and services

Decision

The Hearing Officer dealt first with the Section 3(6) objection. The application was one of a number made in response to the opponents’ own applications for marks such as "OUR PEOPLE MAKE THE DIFFERENCE", "ALWAYS LOW PRICES ALWAYS WAL-MART" etc. There was evidence that shortly after making the application Tesco had issued a press release stating, inter alia, that this and other similar applications had been made as a ‘counter move’ to ensure that such phrases remained in the public domain.

Comparison of Trademarks

OUR PEOPLE MAKE THE DIFFERENCE

TESCO PEOPLE MAKE THE DIFFERENCE

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O/043/02

Wal-Mart Stores Inc v. Tesco Stores Limited

Subject matter: Conceptual similarity, Phonetic similarity, Similarity of goods and services

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