Gromax Plasticulture Ltd v. Don & Low Nonwovens Ltd [1998] EWHC Patents 316 (12th June, 1998)

Gromax Plasticulture Ltd v. Don & Low Nonwovens Ltd [1998] EWHC Patents 316 (12th June, 1998)

DLN's 'Gro-Shield' trade mark registration is valid and not revocable; DLN did not act in bad faith, nor was the mark liable to mislead the public or unused in the relevant class. Gromax's use of the mark after withdrawal of consent constituted infringement. Gromax's own registration is invalid due to DLN's prior rights and likelihood of confusion. No passing-off by DLN against Gromax is established.

Citation
[1998] EWHC Patents 316
Parties
Plaintiff/applicant/defendant (various Actions): Gromax Plasticulture Ltd; Defendant/applicant/plaintiff (various Actions): Don & Low Nonwovens Ltd
Jurisdiction
England and Wales
Procedural Posture
Consolidated Civil Actions (three Actions and One Counterclaim) / Judgment After Trial
Outcome
DLN's trade mark registration upheld; Gromax's registration declared invalid; Gromax found to have infringed DLN's mark; no passing-off by DLN established.
Legal Topics
Trade Marks, Passing Off, Distributorship Agreements, Revocation and Invalidity of Trade Marks
Intellectual Property Commercial Law Trade Marks Passing Off Distributorship Agreements Revocation and Invalidity of Trade Marks

Case Brief

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Parties

Gromax Plasticulture Ltd

Plaintiff/applicant/defendant (various Actions)

Don & Low Nonwovens Ltd

Defendant/applicant/plaintiff (various Actions)

Procedural Posture

Consolidated Civil Actions (three Actions and One Counterclaim) / Judgment After Trial

Legal Issues

  1. 1 Validity of DLN's 'Gro-Shield' trade mark registration
  2. 2 Whether DLN's registration was in bad faith
  3. 3 Whether DLN's use of the mark was liable to mislead the public

Ratio Decidendi

DLN's 'Gro-Shield' trade mark registration is valid and not revocable; DLN did not act in bad faith, nor was the mark liable to mislead the public or unused in the relevant class. Gromax's use of the mark after withdrawal of consent constituted infringement. Gromax's own registration is invalid due to DLN's prior rights and likelihood of confusion. No passing-off by DLN against Gromax is established.

Court Disposition

DLN's trade mark registration upheld; Gromax's registration declared invalid; Gromax found to have infringed DLN's mark; no passing-off by DLN established.

Orders

  • Declaration that DLN's 'Gro-Shield' registration is valid and not revoked.
  • Declaration that Gromax's 'Gro-Shield' registration is invalid.