Source: All England Reporter
Publisher Citation: [2005] All ER (D) 52 (Aug)
Court: Chancery Division
Judge:

Blackburne J

Representation Michael Edenborough (instructed by Laytons) for the claimant.
  The defendant appeared by its representative.
Judgment Dates: 11 August 2005

Catchwords

Trade mark - Infringement - 'Likelihood of confusion' - Use of similar trade marks - Parties' business including selling of teas - Claimant owning trade marks in word 'DRAGONFLY' - Defendant using sign depicting pictorial dragonfly - Whether likelihood of confusion established - , ss 10(2)(b).

The Case

The court allowed the claimant company's application for summary judgment against the defendant company in respect of its claim for infringement of its European Community and United Kingdom trade marks for the word 'DRAGONFLY', on the ground that the claimant had established the existence of a likelihood of confusion pursuant to s10(2)(b) of the .

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.