Miss World Ltd. v Channel Four Television Corporation

Miss World Ltd. v Channel Four Television Corporation

The use of 'Mr Miss World' is at least arguably an infringement of the claimant's trade marks under sections 10(1), 10(2), and 10(3) of the Trade Marks Act 1994 and the Community Trade Mark Regulation, as it takes unfair advantage of and is detrimental to the distinctive character and repute of the 'Miss World' mark. The claimant has a sufficiently strong case to justify interim injunctive relief, and the balance of convenience favours granting the injunction. Article 10 ECHR does not preclude the grant of an injunction in these circumstances.

Parties
Applicant/proposed Claimant: Miss World Limited; Respondent/proposed Defendant: Channel Four Television Corporation
Jurisdiction
England and Wales
Judgment Date
16 April 2007
Procedural Posture
Intellectual Property (trade Mark) Interim Application / Application for Interim Injunction
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Trade Mark Infringement, Freedom of Expression, Balance of Convenience
Intellectual Property Trade Marks Media Law Human Rights Interim Injunctions Trade Mark Infringement Freedom of Expression Balance of Convenience

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Parties

Miss World Limited

Applicant/proposed Claimant

Channel Four Television Corporation

Respondent/proposed Defendant

Procedural Posture

Intellectual Property (trade Mark) Interim Application / Application for Interim Injunction

Legal Issues

  1. 1 Whether the use of 'Mr Miss World' infringes the claimant's registered trade marks under sections 10(1), 10(2), and 10(3) of the Trade Marks Act 1994 and corresponding Community Trade Mark Regulation provisions
  2. 2 Whether the balance of convenience favours granting an interim injunction
  3. 3 Whether Article 10 ECHR (freedom of expression) precludes interim relief

Ratio Decidendi

The use of 'Mr Miss World' is at least arguably an infringement of the claimant's trade marks under sections 10(1), 10(2), and 10(3) of the Trade Marks Act 1994 and the Community Trade Mark Regulation, as it takes unfair advantage of and is detrimental to the distinctive character and repute of the 'Miss World' mark. The claimant has a sufficiently strong case to justify interim injunctive relief, and the balance of convenience favours granting the injunction. Article 10 ECHR does not preclude the grant of an injunction in these circumstances.

Court Disposition

Interim injunction granted

Orders

  • Channel Four Television Corporation is restrained from broadcasting or otherwise publishing the programme under the title 'Mr Miss World' or using the words 'Miss World' in connection with the programme pending trial or further order.