Hachette Filipacchi Presse Sa v S Aprotex International (Proprietary) Ltd: ChD 24 Jan 2007

Both parties used the name ‘Elle’ in their respective products, a women’s magazine, and handknitting yarns. They disputed the registration of a trade mark for the latter in the UK.
Held: The court endorsed the continuing applicabiity of the guidelines in Reef when a court was asked to upset a decision of a lower but specialist tribunal.

Judges:

Sir Andrew Morritt C

Citations:

[2007] EWHC 63 (Ch)

Links:

Bailii

Statutes:

Trade Marks (Proof of Use etc) Regulations 2004, Trade Marks Act 1994 5(2) 5(3)

Jurisdiction:

England and Wales

Citing:

EndorsedBessant and others v South Cone Incorporated; in re REEF Trade Mark CA 28-May-2002
The Reef pop group applied to register ‘REEF’ for Classes 25 and 26 – e.g. T-shirts, badges, etc. South Cone opposed them as registered proprietors of ‘Reef Brazil’ for the footwear which also was included in Class 25. South’s reputation was . .

Cited by:

CitedEsure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
CitedEsure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Intellectual Property

Updated: 09 July 2022; Ref: scu.248252