Clothing brand Jack Wills has won its High Court action against House of Fraser over its logo of a silhouette of a pheasant with a top hat and cane.
The company claimed the department store's use, between November 2011 and February 2013, of a logo consisting of the silhouette of a pigeon with a top hat and bow-tie constituted trade mark infringement.
Its counsel, Roger Wyand QC, said the similarity of the Mr Wills logo, which is used in three different versions, with the simplest registered as both a UK and a Community trade mark, and the pigeon logo, which appears in two slightly different versions on a selection of the store's own Linea range of men's clothing, was likely to cause confusion among customers.
At London's High Court, Mr Justice Arnold said there was a likelihood of confusion on the part of the average consumer.
He said: "The human eye has a tendency to see what it expects to see. Thus I conclude House of Fraser did take unfair advantage of the reputation of the trade marks."
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