Yahoo! defeats Mr Spicy in snack food smackdown!

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Not the kind of headline you get to write every day. 

Out-law.com reports that Yahoo! has won a lawsuit brought against them for trademark infringement by Mr Spicy, a "London-based catering business".

On the face of it, it doesn't sound like Victor Wilson, the owner of Mr Spicy, had much of a case - Sainsbury's were bidding on the term 'spicy', which was broad-matching against 'Mr Spicy'.

The judge also suggested that there wouldn't have been a problem if Sainsbury's had actually been bidding on 'Mr Spicy' - or at least I think this is what he is saying here:

"There can be no objection to Yahoo, if this is what they want to do, to solicit from third parties the use by those third parties, in return for payment, of a keyword 'Mr Spicy' if they are going to attach 'Mr Spicy' to goods and services different from those protected in Mr Wilson's case."

The case was dismissed as being 'totally without merit'.

 

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