The Court of Appeal has upheld a finding of invalidity in relation to the trade mark CASPIAN in a dispute between the operators of a Birmingham chain of restaurants and a Worcester restaurant, both called 'Caspian Pizza'. The Claimants' trade mark, CASPIAN, was found to be invalid based on the Defendant's earlier use in Worcester, which would have meant it could have succeeded in an action for passing off. Whilst the earlier use was only in Worcester, the Court confirmed that an opposition based on earlier use of a mark did not have to be use throughout the UK, or even in a geographical area which overlaps with the place where the trade mark applicant actually carries on business using the same or a similar mark. Accordingly, goodwill (as opposed to reputation) established in a particular locality may be capable of preventing registration of a countrywide trade mark.
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