Specsavers International Healthcare Ltd & Ors v Asda Stores Ltd

Specsavers International Healthcare Ltd & Ors v Asda Stores Ltd

Specsavers is entitled to a general form of injunction including 'or otherwise howsoever' to prevent further infringement of its trade marks by Asda, as this is necessary and proportionate given the history and risk of future infringement. Permission to appeal to the Supreme Court is refused as the principles applied are settled. Specsavers is the overall winner and is awarded 40% of its appeal costs and 50% of its first instance costs, with costs attributable to referred issues reserved.

Parties
Appellant/claimant: Specsavers International Healthcare Ltd; Appellant/claimant: Specsavers BV; Appellant/claimant: Specsavers Optical Group Ltd; Appellant/claimant: Specsavers Optical Superstores Ltd; Respondent/defendant: Asda Stores Ltd
Jurisdiction
England and Wales
Judgment Date
26 April 2012
Procedural Posture
Civil Appeal (intellectual Property) / Post Judgment (injunction Wording, Permission to Appeal, Costs)
Outcome
Injunction granted in general form; permission to appeal refused; costs apportioned as specified.
Legal Topics
Trade Mark Infringement, Injunctions, Costs, Comparative Advertising
Intellectual Property Civil Procedure Trade Mark Infringement Injunctions Costs Comparative Advertising

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Parties

Specsavers International Healthcare Ltd

Appellant/claimant

Specsavers BV

Appellant/claimant

Specsavers Optical Group Ltd

Appellant/claimant

Specsavers Optical Superstores Ltd

Appellant/claimant

Asda Stores Ltd

Respondent/defendant

Procedural Posture

Civil Appeal (intellectual Property) / Post Judgment (injunction Wording, Permission to Appeal, Costs)

Legal Issues

  1. 1 Whether the injunction should include the words 'or otherwise howsoever' to restrain further infringement by Asda
  2. 2 Whether permission to appeal to the Supreme Court should be granted
  3. 3 How costs should be apportioned between the parties

Ratio Decidendi

Specsavers is entitled to a general form of injunction including 'or otherwise howsoever' to prevent further infringement of its trade marks by Asda, as this is necessary and proportionate given the history and risk of future infringement. Permission to appeal to the Supreme Court is refused as the principles applied are settled. Specsavers is the overall winner and is awarded 40% of its appeal costs and 50% of its first instance costs, with costs attributable to referred issues reserved.

Court Disposition

Injunction granted in general form; permission to appeal refused; costs apportioned as specified.

Orders

  • Injunction granted in terms proposed by Specsavers, including 'or otherwise howsoever'.
  • Asda to pay Specsavers 40% of its costs of the appeal and 50% of its costs at first instance, to be assessed on the standard basis if not agreed, with interest.