Question:1. De Rijk & Kluyv are a Dutch company who sell processed and live seafood products to supermarkets and restaurants. They currently own a registered trade mark for “DUTCH BEACH” in respect of “processed seafood; fresh and frozen fish, crab, prawns, lobsters and shellfish” in class 29 and “live crabs, prawns, lobsters and shellfish” in class 31.

They have recently started marketing a new mixed seafood platter to supermarkets, using their “DUTCH BEACH” registration, and which is sold in packaging consisting of a plastic seashell base (see illustration below), with a clear plastic film over it.
De Rijk and Kluyv seek to register this shape as a trade mark. Further, they seek to register as a trade mark (for the same products as their “DUTCH BEACH” mark) the slogan “OUR WORLD IS YOUR OYSTER!”. They advise that they have been using this slogan for just under 2 years.”

De Rijk and Kluyv have recently also become aware of the mark “DUCHY BEECH” on a range of beers (class 32) and white wines (class 33) by the company Beechy Beverages Ltd. This mark is in use, but no application to register it has been made.

Advise De Rijk and Kluyv as to the registrability of their trade marks, and whether they are likely to succeed in an action for infringement against Beechy Beverages Ltd.