Bayrische Motoren Werke Aktiengesellschaft & Anor v Young & Ors

Bayrische Motoren Werke Aktiengesellschaft & Anor v Young & Ors

The court found that service was properly effected and there was no credible evidence from Mr Young to the contrary. There was no real prospect of success on appeal, either on procedural or substantive grounds, as the companies' use of 'BMW' was likely to infringe trade mark rights and constitute passing off.

Parties
Claimants/respondents: Bayrische Motoren Werke Aktiengesellschaft and BMW (GB) Ltd; Defendant/appellant: Graham Young
Jurisdiction
England and Wales
Judgment Date
10 June 2003
Procedural Posture
Civil / Application for Permission to Appeal, Extension of Time, and Stay of Execution
Outcome
Application refused
Legal Topics
Trade Mark Infringement, Passing Off, Default Judgment, Setting Aside Judgment, Service of Process
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Default Judgment Setting Aside Judgment Service of Process

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Parties

Bayrische Motoren Werke Aktiengesellschaft and BMW (GB) Ltd

Claimants/respondents

Graham Young

Defendant/appellant

Procedural Posture

Civil / Application for Permission to Appeal, Extension of Time, and Stay of Execution

Legal Issues

  1. 1 Whether the default judgment should be set aside for defective service
  2. 2 Whether the defendant/appellant has a real prospect of success on appeal
  3. 3 Whether there was infringement of trade mark or passing off

Ratio Decidendi

The court found that service was properly effected and there was no credible evidence from Mr Young to the contrary. There was no real prospect of success on appeal, either on procedural or substantive grounds, as the companies' use of 'BMW' was likely to infringe trade mark rights and constitute passing off.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • Extension of time refused