The Court of Appeal has thrown out the latest attempt to trademark the shape of London's traditional black cabs.
London Taxi Company had claimed that Frazer-Nash and Ecotive deliberately created a cab to resemble its vehicles.
The London Taxi Company has though, indicated it could yet take the case to the Supreme Court.
Two Court of Appeal judges ruled the shape was not a "valid registered trademark" because it lacked "distinctive character".
But Mr Justice Arnold's ruling has been upheld by Lord Justice Kitchin and Lord Justice Floyd on appeal.
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Rival Ecotive said it was now in a position to put its electric Metrocab into production.
The decision follows a similar case that stopped Nestle from trademarking the shape of the KitKat.
Specialist lawyers said Wednesday's ruling showed how hard it was for manufacturers to trademark shapes.
'The London Taxi Company has been trying to prevent a rival manufacturer from producing a new style of London taxi which it claims infringes its intellectual property rights in the original shape, ' said lawyer Mike Gardner, from law firm Wedlake Bell.
Previously licensed black cabs that weren't made by the London Taxi Company were Mercedes Vito minivans.
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