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Judgments and decisions from 2001 onwards

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  • Lidl Great Britain Limited & Anor v Tesco Stores Limited & Anor Court of Appeal (Civil Division) [2024] EWCA Civ 262 Matching text sample:

    ...Lidl own a number of trade mark registrations for both the logo...

    ...ultimately to fail in their trade mark and passing off claims.... ...LJ against the findings of trade mark infringement, passing off and...

    ...satisfied: (i) the registered trade mark must have a reputation in... ...with or similar to the trade mark; (vi) it must... ...between the sign and the trade mark in the mind of the... ...the distinctive character of the trade mark, (b) detriment to... the repute of the trade mark, or (c) unfair... ...character or repute of the trade mark; and (ix) it...

    ...established that many issues in trade mark law, including the issues...
  • Urbanbubble Limited & Ors. v Urban Evolution Property Management Limited & Ors. High Court (Intellectual Property Enterprise Court) [2022] EWHC 134 (IPEC) Matching text sample:

    ...The First Claimant owns UK Trade Mark No. 3116646 in the... ...estate-) management” (“the Trade Mark”). The Claimants allege... ...trading it has infringed the Trade Mark and passed off its services...

    ...likelihood of confusion between their trade mark and UEPM’s trading name...

    ...evidence of a likelihood of trade mark confusion and of a misrepresentation...

    ...directly concerned with the alleged trade mark infringement and passing off.
  • Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd High Court (Chancery Division) [2016] EWHC 1537 (Ch) Matching text sample:

    ...for a declaration that EU Trade Mark No. 3890126 (“the Trade Mark”) is invalid. The Trade Mark is owned by the second... ...Sandoz for infringement of the Trade Mark.

    ...relied on is that the Trade Mark does not conform to the... ...EC) 207/2009 (“the Trade Mark Regulation”) in that it...

    Sandoz seek to invalidate the Trade Mark on further grounds; Glaxo...

    The Trade Mark
  • Lidl Great Britain Limited & Anor v Tesco Stores Limited & Anor High Court (Intellectual Property List) [2023] EWHC 873 (Ch) Matching text sample:

    ...Lidl of infringement of registered trade mark rights in Lidl’s logo...

    ...claim, Lidl relies upon its trade mark rights in relation to two...

    ...(originally filed as an EU trade mark on 17 November 2005 and... ...Tesco identifies two additional UK trade mark registrations made by Lidl for...

    ...rationale in relation to its trade mark filings for variations of the...
  • Gnat and Company Limited & Anor. v West Lake East Limited & Anor. High Court (Intellectual Property Enterprise Court) [2022] EWHC 319 (IPEC) Matching text sample:

    ...has been the owner of trade mark no. 2,415,093... (“the Trade Mark”) registered in respect of...

    ...licensed by Gnat under the Trade Mark.

    ...the defendants have infringed their Trade Mark pursuant to s.10(2...

    ...for partial revocation of the Trade Mark because of non-use insofar...
  • Flynn Pharma Ltd v Drugsrus Ltd & Anor High Court (Chancery Division) [2015] EWHC 2759 (Ch) Matching text sample:

    ...are proposing to infringe its trade mark ‘Flynn’ by importing into... ...the Defendants from infringing the trade mark and either delivery up or...

    ...they would not be making trade mark use of the word ‘... ...by Flynn Pharma on its trade mark rights under domestic legislation to...

    ...word ‘FLYNN’ as a trade mark. The word had been... ...of the company as a trade mark and then devise and register...

    ...not take any account of trade mark or other IP rights when...
  • Electrocoin Automatics Ltd. v Coinworld Ltd & Ors High Court (Chancery Division) [2004] EWHC 1498 (Ch) Matching text sample:

    ...rights conferred by the following trade mark registrations:

    United Kingdom Trade Mark No. 2001614

    Community Trade Mark No. 1822238

    United Kingdom Trade Mark No. 2266140
  • EI Du Pont De Nemours & Company v S.T. Dupont Court of Appeal (Civil Division) [2003] EWCA Civ 1368 Matching text sample:

    because the trade mark DU PONT was “neither...

    ...on was STD’s registered trade mark number 1571156 which consists of...

    ...of clothes, use of the trade mark DU PONT would be likely...

    ...a common French surname. The Trade Mark of 1523636 is accordingly neither...
  • Victoria Plum Ltd (t/a Victoria Plumb) v Victorian Plumbing Ltd & Ors High Court (Chancery Division) [2016] EWHC 2911 (Ch) Matching text sample:

    ...claim for infringement of registered trade mark. Passing off is also...

    ...First Defendant for infringement of trade mark. The Third Defendant is...

    UK Trade Mark No. 3,066,332...

    UK Trade Mark No. 2,530,488...
  • Acedes Holdings, LLC & Anor v Clive Sutton Limited & Anor High Court (Intellectual Property Enterprise Court) [2023] EWHC 2005 (IPEC) Matching text sample:

    ...”. Acedes has registered UK trade mark no. 905883806 in the...

    The law on trade mark validity

    ...that the registration of a trade mark may be declared invalid if... there is an earlier trade mark within the meaning of

    Trade mark no. 893168 (“the...