European court rules on trademark spat

Clarification on a long-running trademark spat between Asda and Specsavers has been issued by the Court of Justice of the European Union (CJEU).

The battle, which has been running since 2009 (News 03.11.09) was the result of an Asda campaign in the same year which invited patients to ‘Be a real spec saver at Asda,’ and offered ‘Spec savings at Asda’. A green, oval-based logo, similar to that of the multiple’s was also used.

A High Court judgement ruled that some aspects of Asda’s campaign did not infringe Specsavers’ trademarks but the Court of Appeal said that Specsavers’ figurative marks could prevent Asda from using the slogans and logos. Both parties claimed victory (News 13.08.10) and the Court of Appeal referred the matter to CJEU for clarification.