The claimants owned a major brand mark used in the distribution of tea. The defendants operated in the sale of kitchen equipment. Whether a sign infringed a mark without due cause was to be resolved at trial by the judge on the facts. The infringer had to show that he had good cause for his use, and that was not discharged merely by demonstrating good faith. In this case however there was no evidence of any damage to the claimant’s Mark’s distinctive character or repute.
Citations:
Gazette 03-Feb-2000, Times 22-Feb-2000
Statutes:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 19 May 2022; Ref: scu.85018
