Source: All England Reporter
Publisher Citation: [2005] All ER (D) 243 (Jan)
Court: Chancery Division
Judge:

Hart J
Representation Henry Carr QC and Jacqueline Reid (instructed by Baker & MacKenzie) for the claimants.
  Roger Wyand QC and Tom Moody-Stuart (instructed by Addleshaw Goddard) for the defendants.
Judgment Dates: 26 January 2005

Catchwords

Trade marks - Infringement - Similar mark for identical goods - Application to strike out particulars of claim in part - , s 10(2), (3).

The Case

On an application by the defendants to strike out part of the claimants' particulars of claim in proceedings for trade mark infringement and passing off in respect of perfumes, the court held that, since the claimants' action for passing off was to proceed to trial, issues of similarity arising in relation to the alleged trade mark infringement might be resolved most readily by the trial judge, as he would have the benefit of the evidence adduced in relation to the claim for passing off.

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