Conde Nast, publisher of Vogue magazine, sued Peers Hardy for passing off when it sold Vogue watches (Peers Hardy's predecessor inwards championship had sold watches nether the same name, but Conde Nast maintained that it had stopped doing so). Peers Hardy conceded that Conde Nast had a reputation inwards relation to the discussion "Vogue" for magazines, but non for watches. The case was laid to get on nineteen May 2005 in addition to the gild for directions gave a appointment for the central of witness statements in addition to practiced evidence, providing for 1 practiced witness per party. Two days afterward that central took place, Conde Nast produced a minute witness study to the number that the fact that Peers Hardy had non caused confusion or deception was irrelevant: although Conde Nast had non diversified its merchandise nether the cite Vogue, the style inwards which magazines instantly traded was such that the full general world expected such diversification. Conde Nast applied for permission to adduce that minute practiced witness report.
Conde Nast's application was a flake of a wind-up, nosotros think
Pumfrey J dismissed this application, asset every bit follows:
* In regulation the courtroom would non exclude whatsoever prove that was non wholly irrelevant unless it was satisfied that the problems caused yesteryear allowing it would survive disproportionate to the advantages of allowing it. However, this proposed prove was expressed alongside vagueness coupled alongside hyperbole. This beingness so, at that spot were serious concerns virtually the style inwards which it was expressed since it lacked whatsoever experimental reason for the public’s expectation, making it hard to bargain alongside whatsoever factual assessment which had to survive undertaken.
* at that spot were already survey results inwards prove purporting to bargain alongside what Blue Planet thought. The case estimate would also receive got the arrive at goodness of a large number of witnesses from the public. Consequently, the proposed prove would survive of picayune effect. What's more, it would pose an enormous challenge for Peers Hardy to response to it inwards the brusk fourth dimension earlier trial.
thinks this application was a flake of a try-on, alongside to a greater extent than nuisance value than anything else. Merpel wonders who paid the costs of the hearing in addition to hopes it wasn't Peers Hardy.
More Vogue products in addition to services unconnected alongside Conde Nast here, here and here
Vague here; Nouvelle Vague here
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