Asian Business Publications Ltd v British Asian Achievers Awards Ltd & Anor

Asian Business Publications Ltd v British Asian Achievers Awards Ltd & Anor

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, and the similarity was likely to cause confusion among the relevant public, amounting to actionable misrepresentation and passing off.

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
Civil Intellectual Property (passing Off) / Judgment After Trial
Outcome
Claim allowed for passing off.
Legal Topics
Passing Off, Goodwill, Misrepresentation, Trade Names, Confusion, Descriptive Marks
Intellectual Property Civil Law Passing Off Goodwill Misrepresentation Trade Names Confusion Descriptive Marks

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

Civil Intellectual Property (passing Off) / 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 likely to cause confusion
  3. 3 Whether the Claimant has suffered or is likely to suffer loss and/or 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, and the similarity was likely to cause confusion among the relevant public, amounting to actionable misrepresentation and passing off.

Court Disposition

Claim allowed for passing off.

Orders

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