EMI unsuccessful in opposition to ABBEY ROAD trade mark

In a classic example of “appropriation without misrepresentation”, EMI has been unsuccessful in its efforts to prevent Spotlight from registering the mark ABBEY ROAD for knitting wool and other textile products.  There would be few Australians who have not heard of Abbey Road, either as the title of the Beatles’ famous album or as the location of the recording studio in London.  However the Hearing Officer was not persuaded that the Beatles’ album title functioned as a trade mark, or that EMI had a reputation in the mark in Australia, such that Spotlight’s use of ABBEY ROAD would be likely to cause confusion.  The decision can be read here.