Source: All England Reporter
Publisher Citation: [2014] All ER (D) 09 (Feb)
Neutral Citation: [2014] EWHC 110 (Ch)
Court: Chancery Division

Arnold J

Representation Roger Wyand QC and Andrew Norris (instructed by Mishcon de Reya) for the claimant.
  Michael Bloch QC and Tom Cleaver (instructed by Lewis Silkin) for the defendant.
Judgment Dates: 31 January 2014


Trade mark - Infringement - Use of similar trade mark - Use of trade mark in comparative advertising - Right to have use prevented - Taking unfair advantage of repute of trade mark - Claimant clothing store operator owing trade marks for logo - Claimant alleging that defendant department store operator infringing trade marks by use of pigeon logo - Whether defendant taking unfair advantage of reputation of trade marks - Whether infringement of claimant's trade marks - Council Directive (EC) 2008/95, art 5(1)(B) - Council Regulation 207/2009, art 9(1)(b).

The Case

Trade mark Infringement. The Chancery Division held that the defendant department store retailer, House of Fraser, had taken unfair advantage of the reputation of the claimant's trade marks. Taking account of all factors, there was a likelihood of confusion on the part of the average consumer between the trade marks and a logo used by House of Fraser. It followed that the trade marks were infringed.

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