Source: All England Reporter
Publisher Citation: [2011] All ER (D) 131 (Feb)
Neutral Citation: [2011] EWHC 199 (Ch)
Court: Chancery Division
Judge:

Floyd J

Representation 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.
Judgment Dates: 11 February 2011

Catchwords

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.

The Case

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.

Practice Areas

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