Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor

Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor

The judge erred in principle by focusing on side-by-side graphic comparison and not adequately considering the post-sale context in which the Sign, as affixed to footwear and viewed at an angle, is more similar to the 668 mark. There is a likelihood of confusion on the part of a significant proportion of consumers in the post-sale context. Dream Pairs have infringed Iconix's UK Registered Trade Mark No. 991668.

Parties
Claimant/appellant: Iconix Luxembourg Holdings SARL; Defendant/respondent: Dream Pairs Europe Inc; Defendant/respondent: Top Glory Trading Group Inc
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Trade Mark Infringement, Likelihood of Confusion, Post Sale Confusion, Registered Trade Marks, Footwear Logos
Intellectual Property Trade Mark Infringement Likelihood of Confusion Post Sale Confusion Registered Trade Marks Footwear Logos

Case Brief

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Parties

Iconix Luxembourg Holdings SARL

Claimant/appellant

Dream Pairs Europe Inc

Defendant/respondent

Top Glory Trading Group Inc

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Dream Pairs' use of the Sign infringes Iconix's UK Registered Trade Mark No. 991668 under section 10(2) of the Trade Marks Act 1994
  2. 2 Whether there is a likelihood of confusion, including post-sale confusion, between the Sign and the Trade Mark
  3. 3 Whether the judge erred in the assessment of similarity and context

Ratio Decidendi

The judge erred in principle by focusing on side-by-side graphic comparison and not adequately considering the post-sale context in which the Sign, as affixed to footwear and viewed at an angle, is more similar to the 668 mark. There is a likelihood of confusion on the part of a significant proportion of consumers in the post-sale context. Dream Pairs have infringed Iconix's UK Registered Trade Mark No. 991668.

Court Disposition

Appeal allowed

Orders

  • Declaration of infringement of UK Registered Trade Mark No. 991668 by Dream Pairs
  • Remittal for consequential relief if necessary