Converse Inc v Conley (UK) Ltd & Ors [2012] EWPCC 24 (16 April 2012)

Converse Inc v Conley (UK) Ltd & Ors [2012] EWPCC 24 (16 April 2012)

Allegations of infringement of South African trademarks and passing off are properly arguable and justiciable in English courts following Lucasfilm v Ainsworth; amendments to pleadings are permitted.

Source-derived case information.

Citation
[2012] EWPCC 24
Parties
Applicant/claimant: Converse Incorporated; Respondent/defendant: Conley (UK) Limited; Respondent/defendant: Mr Hallock Robin Sathasivam; Respondent/defendant: Asia Freight Solutions Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2012
Procedural Posture
Trademark Infringement and Passing Off / Application to Amend Pleadings
Outcome
Application to amend pleadings granted
Legal Topics
Foreign IP Rights Jurisdiction, Passing Off, Trademark Infringement, Parallel Importation
Intellectual Property Trademark Law Foreign IP Rights Jurisdiction Passing Off Trademark Infringement Parallel Importation

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Summary, issues, holding and outcome

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Parties

Converse Incorporated

Applicant/claimant

Conley (UK) Limited

Respondent/defendant

Mr Hallock Robin Sathasivam

Respondent/defendant

Asia Freight Solutions Limited

Respondent/defendant

Procedural Posture

Trademark Infringement and Passing Off / Application to Amend Pleadings

Legal Issues

  1. 1 Whether English courts can adjudicate infringement of South African trademarks and passing off
  2. 2 Whether goods are counterfeit
  3. 3 Whether goods were intended for import into the UK or transit to South Africa

Ratio Decidendi

Allegations of infringement of South African trademarks and passing off are properly arguable and justiciable in English courts following Lucasfilm v Ainsworth; amendments to pleadings are permitted.

Court Disposition

Application to amend pleadings granted

Orders

  • Claimant permitted to amend Particulars of Claim to include allegations of infringement of South African trademarks and passing off in South Africa
  • Proceedings to continue to trial on all issues