Court of Appeal backs Google in YouTube Shorts trade mark appeal

The Court of Appeal has unanimously dismissed an appeal by Shorts International Ltd against Google LLC. The dispute centred on Google’s YouTube Shorts service, a platform for short-form user-generated videos launched in the UK in 2021. Shorts International, a producer and distributor of short films, claimed infringement of its registered trade marks and passing off.

The lower court had found the marks valid in most respects but not infringed, concluding that “shorts” remained largely descriptive in the relevant field. The Court of Appeal agreed, holding that Google’s use did not create a likelihood of confusion or take unfair advantage of any distinctive character the marks possessed. The decision reinforces established principles on the limited scope of protection for marks consisting of common descriptive terms.

Small-business owners should conduct thorough clearance searches and consider the descriptive nature of proposed marks before investing in branding or enforcement.

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**Sources**

- <https://uk.practicallaw.thomsonreuters.com/w-050-3084> - <https://www.shoosmiths.com/perspectives/stories/articles/shorts-international-v-google-a-short-lesson-in-distinctiveness> - <https://www.burges-salmon.com/articles/102n2tr/court-of-appeal-upholds-googles-win-inshortstrade-markdispute/>