AGA Rangemaster Group Ltd v UK Innovations Group Ltd & Anor [2024] EWHC 1727 (IPEC) (08 July 2024)

AGA Rangemaster Group Ltd v UK Innovations Group Ltd & Anor [2024] EWHC 1727 (IPEC) (08 July 2024)

The defendants infringed the claimant's registered trade marks by marketing and selling retrofitted AGA cookers in a manner likely to give the impression of a commercial connection with the claimant, thereby giving the claimant legitimate reasons to oppose further dealings and defeating the exhaustion defence. The use of the AGA marks was not descriptive or in accordance with honest practices. The claimant's marks had reputation and distinctive character. The defendants also infringed the claimant's copyright in the control panel design drawing, as copyright subsisted and was copied. The 2D and 3D AGA marks were valid and infringed.

Citation
[2024] EWHC 1727 (IPEC)
Parties
Claimant: AGA Rangemaster Group Limited; First Defendant: UK Innovations Group Limited; Second Defendant: Michael Patrick McGinley
Jurisdiction
England and Wales
Judgment Date
08 July 2024
Procedural Posture
Intellectual Property (trade Mark and Copyright) Infringement Claim / First Instance Judgment
Outcome
Claim allowed in part; trade mark and copyright infringement found; counterclaim for invalidity dismissed.
Legal Topics
Trade Mark Infringement, Copyright Infringement, Exhaustion of Rights, Aftermarket Goods, Refurbishment and Conversion, Likelihood of Confusion, Reputation and Distinctive Character, Joint Tortfeasance
Intellectual Property Law Trade Mark Infringement Copyright Infringement Exhaustion of Rights Aftermarket Goods Refurbishment and Conversion Likelihood of Confusion Reputation and Distinctive Character +1 more

Case Brief

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Parties

AGA Rangemaster Group Limited

Claimant

UK Innovations Group Limited

First Defendant

Michael Patrick McGinley

Second Defendant

Procedural Posture

Intellectual Property (trade Mark and Copyright) Infringement Claim / First Instance Judgment

Legal Issues

  1. 1 Whether the defendants infringed the claimant's registered trade marks by marketing and selling retrofitted AGA cookers with the eControl System
  2. 2 Whether the defendants infringed the claimant's copyright in the design drawing for the control panel
  3. 3 Whether the exhaustion of rights defence under s.12 of the Trade Marks Act 1994 applies

Ratio Decidendi

The defendants infringed the claimant's registered trade marks by marketing and selling retrofitted AGA cookers in a manner likely to give the impression of a commercial connection with the claimant, thereby giving the claimant legitimate reasons to oppose further dealings and defeating the exhaustion defence. The use of the AGA marks was not descriptive or in accordance with honest practices. The claimant's marks had reputation and distinctive character. The defendants also infringed the claimant's copyright in the control panel design drawing, as copyright subsisted and was copied. The 2D and 3D AGA marks were valid and infringed.

Court Disposition

Claim allowed in part; trade mark and copyright infringement found; counterclaim for invalidity dismissed.

Orders

  • Declaration of trade mark infringement against both defendants
  • Declaration of copyright infringement against both defendants