Jules Rimet Cup Ltd v The Football Association Ltd.: ChD 18 Oct 2007

The parties disputed on preliminary issues the ownership of the rights in the trade mark ‘World Cup Willie’. The claimant had set out to register the mark, and the defendant gave notice of its intention to oppose. The claimant now alleged threat and unlawful interference in contractual relations. The defendant alleged copyright infringement in the drawing of the new World Cup Willie.
Held: Though the claimant had copied elements of the defendant’s drawing, there was no substantial copying such as to infringe. The defendant had not abandoned its intention to trade on the name, and there remained a residual goodwill in the name in 2005. The claimants knew of the residual goodwill in the name, and had made the application in bad faith.
Roger Wyand QC
[2007] EWHC 2376 (Ch)
Copyright Designs and Patents Act 1988 52, Copyright (Industrial Process and Excluded Articles) (No. 2) Order 1989 3, Copyright Act 1956 10
England and Wales
CitedStar Industrial Company Limited v Yap Kwee Kor trading as New Star Industrial Company PC 26-Jan-1976
(Singapore) The plaintiff Hong Kong company had manufactured toothbrushes and exported them to Singapore, for re-export to Malaysia and Indonesia, but with some local sales as well. Their characteristic get-up included the words ‘ACE BRAND’ and a . .
CitedGromax Plasticulture Ltd v Don and Low Nonwovens Ltd PatC 12-Jun-1998
The court set out tests of bad faith for applications for the registration of trade marks: ‘I shall not attempt to define bad faith in this context. Plainly it includes dishonesty and, as I would hold, includes also some dealings which fall short of . .
CitedAjit Weekly (Trade Mark: Invalidity) IPO 29-Dec-2005
Professor Annand set out the combined test of bad faith in a trade mark application: ‘Bad faith is to be judged according to the combined test of dishonesty for accessory liability to breach of trust set out by the majority of the House of Lords in . .
CitedBarlow Clowes International Ltd and Another v Eurotrust International Ltd and others PC 10-Oct-2005
(Court of Appeal of the Isle of Man) Defendants appealed a finding of dishonest assistance in the activities of Barlow Clowes.
Held: The judge had been able to reach the conclusions on the basis of the evidence. The appeal of the deemster . .
CitedHarrison v Teton Valley Trading Co; Harrison’s Trade Mark Application (CHINAWHITE) CA 27-Jul-2004
The applicant had been an employee of the objector at their nightclub ‘Chinawhite’ and whose principal attraction was a cocktail of the same name. Employees signed a confidentiality agreement as to the recipe. Having left the employment, the . .
CitedIn re Corgi 1999
Geoffrey Hobbs QC said: ‘On the evidence before me I am prepared to accept that at the date of the application for registration of the later CORGI trade mark: (i) the applicant was the proprietor of a substantial and valuable goodwill built-up and . .
CitedTwinsectra Ltd v Yardley and Others HL 21-Mar-2002
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach.
Held: ‘Money in a . .

These lists may be incomplete.
Updated: 04 February 2021; Ref: scu.260073