Source: All England Reporter
Publisher Citation: [2002] All ER (D) 236 (Jan)
Court: Chancery Division

Kevin Garnett QC sitting as a deputy judge of the High Court

Representation Richard Meade (instructed by Simmons & Simmons) for the claimants.
  Thomas Moody-Stuart (instructed by Eversheds, Birmingham) for the defendant.
Judgment Dates: 28 January 2002


Pleading - Amendment - Counterclaim - Claimants owning UK trade mark registrations for marks 'ABERCROMBIE' and 'ABERCROMBIE & FITCH' - Defendant owning trade mark registration in respect of mark 'CROMBIE' - Claimants seeking declarations of non-infringement of defendant's trade mark registrations - Defendant counterclaiming for infringement of its marks, passing off, and revocation/declaration of invalidity of claimants' marks - Defendant seeking to amend pleading - Whether amendment should be allowed.

The Case

In an action involving infringement of trade mark, where the defendant applied to amend its pleading, the proposed amendment would not be allowed if the trial date was close, and the amendment relied on allegations which were purely speculative. In the instant case, as that was the situation, the amendment would not be allowed.

Practice Areas

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