Source: All England Reporter
Publisher Citation: [2008] All ER (D) 197 (Jan)
Neutral Citation: [2008] EWHC 88 (Ch)
Court: Chancery Division
Judge:

Etherton J

Representation John Baldwin QC and Robert Onslow (instructed by DLA Piper UK LLP) for the claimant.
  Roger Wyand QC and Nicholas Saunders (instructed by Bord & Bird Solicitors) for the defendants.
Judgment Dates: 25 January 2008

Catchwords

Trade mark - Infringement - Likelihood of confusion - Claimant owning registered trade marks in respect of trainer logo - Claimant alleging infringement and passing off by defendant's use of stripe design on trainers - Defendants alleging trade marks invalid - Whether registered trade marks capable of distinguishing goods from those of other manufacturers - Whether likelihood of confusion between registered trade marks and defendants' sign - Whether real risk of injury to claimant's reputation and goodwill.

The Case

Where the claimant brought proceedings against the defendants, alleging infringement of one UK registered and one Community registered trade mark in respect of its 'Wing Flash' logo by the use of markings on the defendants' trainers, the court ruled, inter alia, that the claimant had made out the case of infringement. It had established a likelihood of confusion in the mind of the public by virtue of the defendants' sign. Furthermore, in the circumstances, the defendants were liable for passing off.

Practice Areas

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