Mr Justice Peter Smith has this week released his decision concerning the trade mark dispute in the Chancery Division, between the TV channel name DISCOVERY HISTORY and THE HISTORY CHANNEL.
The Judge dismissed the claim and the counterclaim and highlighted the difficulty in relying on witness survey evidence to support its case.
He said: – “This case demonstrates the need for solicitors preparing witness statements to curb their enthusiasm in seeking to obtain the best for their clients. ”
I doubt very much that the Judge was referring to the great Larry David and the brilliant series Curb your enthusiasm. Aficionados and wannabees of the show can see a clip here http://www.youtube.com/watch?v=9WcL7OlbM8w
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