Simon Malynicz KC and Laura Adde of Hogarth Chambers appeared alongside Daniel Selmi of 3 New Square in Shorts International Ltd v Google LLC [2024] EWHC 2738 (Ch). The case concerned Google’s use of the word “shorts” in relation to its YouTube Shorts service (similar to TikTok and Instagram Reels), which Shorts International alleged infringed its trade marks for ‘SHORTS’ and ‘SHORTSTV, registered for various goods and services related to short film.

The judgment explores many interesting points including the meaning of the word ‘shorts’, the importance of context in trade mark cases, and the ‘honest practices’ defence. Ultimately, the court found that Shorts International’s marks were mostly valid, but were not infringed under either 10(2) or 10(3) of the Trade Marks Act.

Read the full judgment here.