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Court of Appeal backs Mattel over Scramble marks

Emma Barraclough, London

“It was not very helpful”. That was Michael Silverleaf QC’s summary of the High Court’s ruling in Mattel v Zynga, a trade mark decision he helped Mattel to appeal in November, during his primer on passing off law to the Supreme Court in Starbucks v BskyB last week

On Friday the Court of Appeal made it clear that it agreed.

In a decision written by Lord Justice Floyd, the Court allowed appeals by both sides in their dispute over the trade marks Scramble and Scrabble.

Crucially, Mattel successfully...

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