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

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