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Bettys and Taylors Group Ltd v Rivington Foods Limited (IPO)

Case Summary  |  Judgment  |  13 August 2013

 

Trade Mark Registry Opposition. The well known Betty’s Tearooms of Harrogate, York and Ilkley opposed Rivington Foods Limited’s Application for a UK trade mark for “Chocolately Rascal” for chocolate biscuits. Betty’s opposition was based on its earlier trade marks for “Little Rascal”, “Fat Rascal” and “Yorkshire Fat Rascal” for similar and identical goods. Betty’s had been selling their famous Fat Rascals and Little Rascals (a cross between a cake, scone and biscuit) for many years. It was held that there was a likelihood of confusion on the basis of Betty’s earlier marks and the Opposition was successful. Iona Berkeley was Counsel for the Opponent.