||All England Reporter
|| All ER (D) 131 (Feb)
|| EWHC 199 (Ch)
||Geoffrey Hobbs QC and Douglas Campbell (instructed by Wragge & Co LLP) for the claimants.
||John Baldwin QC and Henry Ward (instructed by Pinsent Masons LLP) for the defendants.
||11 February 2011
Trade mark - Infringement - Use of similar trade mark - Validity - Passing off - First claimant registered proprietor of trade mark PLAY-DOH - First defendant manufacturing and selling powdered dough under name YUMMY DOUGH - YUMMY DOUGH promoted as 'edible play dough' - Whether defendants infringing claimants' PLAY-DOH trade marks - Whether defendants passing off goods as claimants' goods - Parliament and Council Directive (EC) 2008/95, art 5.
Trade mark Infringement. The Chancery Division found infringement of the claimants' trade mark PLAY-DOH was established under art5 of European Parliament and Council Directive (EC) 2008-95 (approximating the laws of member states relating to trade marks). The Court further found the necessary elements of a claim for passing off were established.
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