O2 5 Hutchison

Mr Justice Lewison has delivered a monster-sized judgment in the O2 v Hutchison comparative advertising case. The decision at the halt of his 223 paragraph judgment [is this a novel tape for a merchandise score case?] is:

1. O2's bubble marks are valid. They don't lack distinctiveness;
2. While at that topographic point was prima-facie s.10(2) (confusion-based infringement), Hutchison had a defense strength nether the Comparative Advertising Directive;
3. There was no s.10(3) (dilution-based) infringement, together with fifty-fifty if at that topographic point had been, Hutchison would select been covered yesteryear a Comparative Advertising Directive defence.

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