Euromarket Designs Inc v Peters and Trade and Barrel Ltd: ChD 25 Jul 2000

The court considered the nature of use in relation to goods under the 1994 Act, and the Directive: ‘It may well be that the concept of ‘use in relation to goods’ is different for differing purposes. Much may turn on the public conception of the use. For instance, if you buy Kodak film in Boots and it is put in a bag labelled ‘Boots’, only a trade mark lawyer might say that ‘Boots’ is being used as a trade mark for film. Mere physical proximity between sign and goods may not make the use of the sign in relation to the goods. Perception matters too.’


Jacobs J


[2001] FSR 288, [2000] IP and T 1290


Trade Marks Act 1994


England and Wales

Cited by:

CitedBonnier Media Limited v Smith and Kestrel Trading Corporation SCS 1-Jul-2002
The defenders registered internet domain names. The claimants alleged an intended infringement of their trade marks, saying the defenders had a history of opening sites intended to deceive. The defenders who were resident in Greece said that the . .
CitedApple Corps Ltd v Apple Computer Inc ChD 8-May-2006
The parties had several years ago compromised an action for trade mark infringement on the basis that the defendant would not use the Apple logo in association with areas of commercial activity, including the sale of ‘work whose principal content is . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 28 April 2022; Ref: scu.135719