University feels blue after defeat in court

Trademark battle against firm lost

Report by Business Editor Andrew Smith in The Oxford Mail, 8th April 2004

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OXFORD University has lost a court battle over the use of the name of its top sporting accolade, the Oxford Blue.

A Blue is awarded to sportsmen and women who represent the university in varsity matches against Cambridge University. But a trademark judge has rejected a claim by the university that clothes manufacturer HS Tank & Sons, of Birmingham, tarnished the name of the award by using it as a brand name on wax jackets, fleeces and shirts. The ruling means HS Tank can continue to produce the successful range, which was first registered in the UK in 1994 and now sells about 500,000 garments per year.

Chief executive Vic Cogger said the dispute was triggered by its decision to try to register Oxford Blue as a trademark on the Continent. "I think it's absolutely fabulous news. We have traded since 1983 and it's only when we tried to register in Europe in 1997 that they started fighting us," he added.

A university spokesman said it was considering an appeal. "A company with no connection to Oxford University has been granted rights in a name where the reputation in that name has been built up by the university," she said. "We are disappointed with the outcome of the case and are reviewing with our legal advisers whether an appeal is appropriate."

andrew.smith@nqo.com

Click for other reports: The Guardian, The Times, 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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