Out-Law News 1 min. read
25 Mar 2002, 12:00 am
Time recently acquired Tiny, a smaller competitor which had gone into administrative receivership, and then announced that the 150 Tiny and Time stores would re-brand as The Computer World. There are fewer PC World outlets, but each PC World shop is considerably bigger than those of Time which, according to Time, will dispel any confusion over the names.
Dixons claims it has carried out extensive consumer research showing that consumers would be confused: they think PC World and The Computer World are connected. This is an important finding in an action of passing off. It is likely that Dixons will claim both passing off and trade mark infringement.
However, among the arguments that Time may use in its defence is the relatively generic nature of the names. For example, there are two other British companies called Computer World Services and World of Computers, both of which pre-date PC World. PCWorld.com is the web site for PC World, the world's largest computer magazine, with a readership of nearly 6.9 million. The publication is owned by media company IDG, unconnected to the Dixons group. IDG also owns an IT information services company called Computer World, using the domain name ComputerWorld.com. To add to the confusion, one of the longest running home PC magazines in the UK is called Personal Computer World, or PCW. It is owned by VNU publications.