Ruling leaves Oxford blue

Report by Colin Blackstock, The Guardian, 7th April 2004

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The coveted Oxford Blue award was always thought to be for those who competed in sports against Cambridge. Now anyone can have one. Yesterday a judge ruled that use of the term by a Birmingham clothing manufacturer was permissible. The university asked William Trott, a trademarks registrar, to rule that a trademark secured by HS Tank & Sons Ltd was invalid. He ruled that while Oxford owned a reputation in the term, it enjoyed no goodwill to prevent HS Tank exploiting it - because the university had never traded in the name.

"Even accepting the term Oxford Blue is representative of a certain notoriety as a sporting award, this case appears to me to a classic example of reputation without goodwill," said the registrar.

The award dates from 1829, and is derived from Oxford's dark blue sporting colour. It is awarded to university men and women who must compete in their chosen sport's annual match against Cambridge. Winners receive ties, T-shirts and sweatshirts bearing the name.


Click for other reports: The Times, Oxford Mail, Fashion Capital and for the The Registrar's decision (pdf), the Patent Office's Case summary, Forrester Ketley's Lawyers' newsletter, HS Tank's Oxford Blue webpage, and Charles Tyrwhitt's (Paris, New York, Bicester) Oxford Blue shirt.


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