Premier Luggage and Bags Ltd v Premier Company (Uk) Ltd and Another: ChD 17 Oct 2000

The word ‘Premier’ although devoid of distinctive character in itself, but having been registered as a trade mark, had acquired a sufficient distinctiveness to justify and found an action for infringement and passing off. The test was whether through use of the trademark, a sufficient number both of potential purchasers of the claimants goods, and also of actual purchasers had come to associate goods with the claimant because of the trade mark.


Times 17-Oct-2000


Trade Marks Act 1994 3(1)


England and Wales

Cited by:

Appeal fromPremier Luggage and Bags Ltd v The Premier Company (UK) Ltd and Another CA 26-Mar-2002
The owner of a registered trade mark ‘Premier’ sued for swing tags which carried the defendant’s full name ‘The Premier Company (UK) Ltd.’.
Held: A trade mark use can fall within the scope of the Art 6.1 defence. There there was no passing off . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 19 May 2022; Ref: scu.85020