Flakey ICE CREAM decision?

ICE CREAM – for those in the know, it’s a very cool brand (excuse the pun).  But their attempt to protect the brand in the UK failed due to an earlier registration of HIGH HEELS AND ICE CREAM.  The UK Intellectual Property Office took the view that the marks were similar, pointing to the fact that the ICE CREAM element of  HIGH HEELS AND ICE CREAM has an independent role in the mark (since you don’t tend to put the two together).  On that basis, the opposition brought by the owner of that brand succeeded.

I’ve some sympathy for Pharell and the other members of the Billionaire Boys Club (who use the ICE CREAM brand).  I suspect this will not be the end of the matter, however, as I can see easy ways to turn it round and where money is involved, there is often a way…

If you want to read the entire judgment, go here: http://www.ipo.gov.uk/types/tm/t-os/t-find/t-challenge-decision-results/o21010.pdf