Roederer v J Garcia Carrion S.A. & Ors

Roederer v J Garcia Carrion S.A. & Ors

JGC's use of 'CRISTALINO' on cava is visually, aurally, and conceptually similar to Roederer's 'CRISTAL' mark. The goods are identical or similar, and the presentation of the sign is likely to cause both direct and indirect confusion, including the belief that 'CRISTALINO' is a second wine or offshoot of 'CRISTAL'. The 'CRISTAL' mark has a strong reputation in the UK. Use of 'CRISTALINO' dilutes the distinctiveness and repute of 'CRISTAL', takes unfair advantage of its reputation, and is likely to change consumer behaviour. JGC's UK and Community marks are invalid due to likelihood of confusion with Roederer's earlier mark.

Parties
Claimant: Champagne Louis Roederer; First Defendant: J Garcia Carrion S.A.; Second Defendant: Asda Stores Limited; Third Defendant: WM Morrison Supermarkets PLC
Jurisdiction
England and Wales
Judgment Date
06 October 2015
Procedural Posture
Intellectual Property Trade Mark Infringement / Judgment After Trial on Merits
Outcome
Claim allowed. Judgment for Claimant.
Legal Topics
Trade Mark Infringement, Likelihood of Confusion, Reputation Infringement, Invalidity of Trade Mark Registration
Intellectual Property Trade Mark Infringement Likelihood of Confusion Reputation Infringement Invalidity of Trade Mark Registration

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Parties

Champagne Louis Roederer

Claimant

J Garcia Carrion S.A.

First Defendant

Asda Stores Limited

Second Defendant

WM Morrison Supermarkets PLC

Third Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement / Judgment After Trial on Merits

Legal Issues

  1. 1 Whether JGC's use of 'CRISTALINO' infringes Roederer's UK and Community trade marks under likelihood of confusion and reputation infringement provisions
  2. 2 Whether JGC's UK and Community trade marks for 'CRISTALINO JAUME SERRA' are invalid due to likelihood of confusion with Roederer's earlier mark

Ratio Decidendi

JGC's use of 'CRISTALINO' on cava is visually, aurally, and conceptually similar to Roederer's 'CRISTAL' mark. The goods are identical or similar, and the presentation of the sign is likely to cause both direct and indirect confusion, including the belief that 'CRISTALINO' is a second wine or offshoot of 'CRISTAL'. The 'CRISTAL' mark has a strong reputation in the UK. Use of 'CRISTALINO' dilutes the distinctiveness and repute of 'CRISTAL', takes unfair advantage of its reputation, and is likely to change consumer behaviour. JGC's UK and Community marks are invalid due to likelihood of confusion with Roederer's earlier mark.

Court Disposition

Claim allowed. Judgment for Claimant.

Orders

  • Declaration of infringement of Roederer's UK and Community trade marks by JGC's use of 'CRISTALINO'
  • Declaration that JGC's UK and Community trade marks for 'CRISTALINO JAUME SERRA' are invalid