Chubb sought to prevent the registration of a mark by the claimant arguing that its use would amount to passing off as against its own marks.
Held: There was insufficient evidence for the hearing officer to have found that Chubb had maintained a sufficient residual reputation in goods bearing the mark to complain as to the proposed registration.
Judges:
Floyd J
Citations:
[2008] EWHC 1960 (Pat)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Reckitt and Coleman Properties Ltd v Borden Inc HL 1990
The plaintiffs claimed passing off of their ‘Jif Lemon’ trading style.
Held: It is no defence to an allegation of passing off that members of the public would not be misled if they were more literate, careful, perspicacious, wary or prudent. . .
Cited – Wild Child TMR 17-Feb-1998
PO Trade Marks – Appeals to the Appointed Person Decisions – Application No: 2013102 – Opposition
The court set out the elements of the cause of action of passing off: ‘The necessary elements of the action . .
Cited – Bessant 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 – South Cone Incorporated v Bessant, Greensmith, House and Stringer (a Partnership) trading as ‘Reef’; REEF Trade Mark ChD 24-Jul-2001
The applicants sought registration of the trade mark ‘Reef’ in connection with merchandising activities in classes 25 and 26 arising from their pop group of the same name. The challengers owned a trade mark ‘Reef Brazil’ in class 25 in relation to . .
Cited – Ad-Lib Club v Granville ChD 1972
The plaintiff operated a night club for two years from 1964 to 1966 under the name AD-LIB CLUB. It was closed down for making excessive noise. The plaintiff could not find for alternate premises. The defendant, who did not file any evidence in . .
Cited – Sutherland v V2 Music Ltd 2002
The court considered whether the goodwill generated by a funk music band called Liberty 1, which had been formed in the late 1980s, was still subsisting in March 2001. Laddie J considered the relevant principles, reviewed the authorities, and said . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 19 July 2022; Ref: scu.273173