Black Cab trademark thrown out by court, paving the way for 'green' taxis

A high court judge has ruled that the original black cab is “devoid of inherent distinctive character,”

Black cab and licensed taxi drivers protest at Trafalgar Square, London over the introduction of phone app Uber which allows customers to book and track vehicles (PA)

London's distinctive black cabs have lost a trademark battle against a company behind an electric taxi.

The London Taxi Company (LTC) – the maker of the traditional black cab – claimed the new Metrocab by rival Frazer-Nash was a copy.

But a high court judge has ruled that the original black cab is “devoid of inherent distinctive character,” according to the Guardian.

The judge dismissed LTC’s claim that its trademark has been infringed.

“In my view the CTM [the design of the black cab] would have been perceived by the average consumer of taxis as merely a variation of the typical shape of a taxi,” Mr Justice Arnold said.

The Metrocab is powered by electricity and emits 75 per cent less carbon dioxide than a comparable London taxi. It has been designed and engineered to help London meet its air quality standards and should to go into production later this year.

Peter Johansen, chief executive of the London Taxi Company, told the Guardian: “We are understandably disappointed by the judge’s ruling. We will review the ruling to determine our way forward.”

The London Taxi Company, which is owned by Chinese firm Geely, is also developing an electric version.

New regulations that come into effect in January 2018 will require all new taxis and private hire vehicles in London to have a “zero emissions” capability for at least 30 miles.

On Wednesday, Transport for London decided against a number of proposals that would have imposed restrictions on Uber, the car hire app, in another blow for black cabs

Jo Bertram, Uber’s regional general manager in the UK, said: “We’re pleased that Transport for London has listened to the views of passengers and drivers, dropping the bonkers ideas proposed last year like compulsory five-minute wait times and banning showing cars in apps."