Wineapp Ltd v Johnson [2022] EWHC 620 (Ch) (21 March 2022)

Wineapp Ltd v Johnson [2022] EWHC 620 (Ch) (21 March 2022)

The Hearing Officer correctly applied the law of passing off, properly evaluated the evidence, and was entitled to conclude that there was no misrepresentation or likelihood of deception; therefore, the opposition failed and the application for registration could proceed.

Citation
[2022] EWHC 620 (Ch)
Parties
Appellant/opponent: Wineapp Limited; Respondent/applicant: Benedict Johnson
Jurisdiction
England and Wales
Judgment Date
21 March 2022
Procedural Posture
Trade Mark Appeal / Appeal From Hearing Officer's Decision
Outcome
Appeal dismissed
Legal Topics
Passing Off, Trade Mark Registration, Goodwill, Misrepresentation, Damage
Intellectual Property Tort Passing Off Trade Mark Registration Goodwill Misrepresentation Damage

Case Brief

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Parties

Wineapp Limited

Appellant/opponent

Benedict Johnson

Respondent/applicant

Procedural Posture

Trade Mark Appeal / Appeal From Hearing Officer's Decision

Legal Issues

  1. 1 Whether the Hearing Officer erred in finding insufficient goodwill for passing off
  2. 2 Whether the Hearing Officer erred in finding no misrepresentation or likelihood of deception
  3. 3 Whether the Hearing Officer erred in comparing the marks and assessing distinctiveness

Ratio Decidendi

The Hearing Officer correctly applied the law of passing off, properly evaluated the evidence, and was entitled to conclude that there was no misrepresentation or likelihood of deception; therefore, the opposition failed and the application for registration could proceed.

Court Disposition

Appeal dismissed

Orders

  • The Hearing Officer's decision stands
  • Application for registration permitted to proceed