Asian Business Publications Ltd v British Asian Achievers Awards Ltd & Anor [2019] EWHC 1094 (IPEC) (02 May 2019)

Asian Business Publications Ltd v British Asian Achievers Awards Ltd & Anor [2019] EWHC 1094 (IPEC) (02 May 2019)

The addition of the word 'British' to the Claimant's established name Asian Achievers Awards did not sufficiently distinguish the Defendants' event from the Claimant's event. The similarity of the names was likely to cause confusion among the relevant public, leading to a misrepresentation that the Defendants' event was connected with or authorised by the Claimant. The Defendants' use of the name British Asian Achievers Awards amounted to passing off.

Citation
[2019] EWHC 1094 (IPEC)
Parties
Claimant: Asian Business Publications Limited; 1st Defendant: British Asian Achievers Awards Limited; 2nd Defendant: Manoj Kumar
Jurisdiction
England and Wales
Judgment Date
02 May 2019
Procedural Posture
Passing Off Claim / Judgment After Trial
Outcome
Claim allowed for passing off.
Legal Topics
Passing Off, Goodwill, Misrepresentation, Descriptive Marks, Trade Names
Intellectual Property Civil Litigation Passing Off Goodwill Misrepresentation Descriptive Marks Trade Names

Case Brief

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Parties

Asian Business Publications Limited

Claimant

British Asian Achievers Awards Limited

1st Defendant

Manoj Kumar

2nd Defendant

Procedural Posture

Passing Off Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the Claimant has acquired goodwill in the UK associated with the name or mark Asian Achievers Awards
  2. 2 Whether the Defendants' use of the name British Asian Achievers Awards constitutes a misrepresentation leading to passing off
  3. 3 Whether the Claimant has suffered or is likely to suffer damage

Ratio Decidendi

The addition of the word 'British' to the Claimant's established name Asian Achievers Awards did not sufficiently distinguish the Defendants' event from the Claimant's event. The similarity of the names was likely to cause confusion among the relevant public, leading to a misrepresentation that the Defendants' event was connected with or authorised by the Claimant. The Defendants' use of the name British Asian Achievers Awards amounted to passing off.

Court Disposition

Claim allowed for passing off.

Orders

  • Defendants restrained from using the name British Asian Achievers Awards for an awards ceremony until further order.