AETN v Discovery—A Bold Claim Consigned to History?

The article discusses the British High Court's ruling in the 2013 case A & E Television Networks LLC and AETN UK v. Discovery Communications Europe Ltd. which deals with allegations of trade mark infringement and passing off in regards to the television channel names Discovery History and History (formerly The History Channel). Community Trade Marks and a British statute are addressed. The author argues that risk of confusion may be legally impossible to prevent with words such as history.