Source: All England Reporter
Publisher Citation: [2016] All ER (D) 25 (Dec)
Neutral Citation: [2016] EWHC 3114 (IPEC)
Court: Intellectual Property Enterprise Court
Judge:

Judge Melissa Clarke

Representation Douglas Campbell, QC (instructed by Browne Jacobson LLP) for the claimants.
  The second defendant appeared in person for himself and as an authorised representative of the first and third defendants.
Judgment Dates: 2 December 2016

Catchwords

Trade mark - Infringement - Passing off - First claimant French company being internationally known producer of champagne and registered proprietor of United Kingdom registered word mark 'VEUVE CLICQUOT' and European Union trade mark - Agreements being entered into with second claimant for use of marks - Claimants contending consent for first and third defendants' use of marks limited to certain period - Claimants alleging defendants infringing trade marks and liable for passing off - Whether defendants liable for infringement of trade marks and for passing off - Whether relevant consent for use of marks having been limited and/or terminated as contended by claimants - .

The Case

Trade mark Infringement. The Intellectual Property and Enterprise Court awarded the first claimant producer of 'Veuve Clicquot' champagne and the second claimant, Moet-Hennessey UK Ltd, damages of 125,000 for the infringement of United Kingdom and European Union registered trade marks and for passing off. The court held that, on the evidence, the defendants were jointly and severally liable for passing off and for certain acts of infringement, which had been outside of the scope of consent given for the use of those marks.

Practice Areas

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