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Jeremy Reed KC (instructed by D Young & Co LLP) for the Claimants The Respondent in person Hearing date: 9 February 2023 ____________________
i) In 2017, Craig David MBE released a song called "For the Gram" described in an online Vibe post as involving him chanting "about his Instagram activities and [describing] all the etiquette involved in producing the best pics for Instagram".
ii) On 19 February 2020, the Sun newspaper published an online article under the headline "FORE THE GRAM The 15 most Instagrammed courses in the world � and you can play on one for just �50".
iii) A (computer generated) transcript from the Graham Norton Show indicated that one of the guests had said that a drawing made by his 3-year-old daughter will "go on the gram" which was said to be a plain reference to Instagram.
i) Ground 1 � The Hearing Officer erred in his assessment of the distinctiveness of the GRAM mark. That mark had at least average inherent distinctiveness. There was cogent and compelling evidence that this mark had acquired a secondary meaning of denoting the telecom services of the trade mark's proprietor and none other.
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