| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 517 (Oct) |
| Neutral Citation: | [2003] EWHC 2488 (Ch) |
| Court: | Chancery Division |
| Judge: | Rimer J |
| Representation | Peter Leaver QC and Philip Roberts (instructed by Willoughby & Partners) for the claimants. |
| John Fitzgerald (instructed by Stunt Palmer & Robinson) for the first defendant. | |
| Robert Levy (instructed by Feltons) for the second defendant. | |
| The third defendant did not appear and was not represented. | |
| Judgment Dates: | 31 October 2003 |
Catchwords
Trade marks - Infringement - Application of mark on labelling or packaging - Passing off - Claimants owning registered marks in respect of Coca Cola and Diet Coke - Claimants alleging defendants participating in counterfeiting operation - Consideration of evidence.
The Case
In proceedings for trademark infringement and passing off, the court ruled that, on the evidence, the second defendant's involvement in a counterfeiting operation was proved but the claimants had failed to make out their contentions as to the first defendant's activities. Accordingly, judgment would be entered against the second defendant but the claim against the first defendant would be dismissed.
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