Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd & Ors [2025] EWHC 1239 (Ch) (21 May 2025)

Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd & Ors [2025] EWHC 1239 (Ch) (21 May 2025)

The court granted an interim injunction restraining the claimant from making further threats of trade mark infringement proceedings against distributors or retailers of SKE's goods, except as permitted by the Trade Marks Act 1994, on the basis that SKE had a sufficiently arguable case on the merits, damages would not be an adequate remedy for SKE, the risk of injustice to SKE outweighed any limited interference with BB's Article 10 rights, and the terms of the injunction would be appropriately limited to permitted communications and primary infringers.

Citation
[2025] EWHC 1239 (Ch)
Parties
Claimant: Bargain Busting Limited; First Defendant: Shenzhen SKE Technology Co. Ltd; Second Defendant: SKE E-CGIS UK Ltd; Third Defendant: Phoenix Wholesale & Distributors Ltd; Fourth Defendant: Tesco Stores Limited; Fifth Defendant: Booker Limited; Sixth Defendant: WM Morrison Supermarkets Limited
Jurisdiction
England and Wales
Judgment Date
21 May 2025
Procedural Posture
Interim Injunction Application (intellectual Property) / Interlocutory (application for Interim Injunction)
Outcome
Interim injunction granted (terms to be agreed or settled by the court)
Legal Topics
Trade Marks, Unjustified Threats, Interim Injunctions, Freedom of Expression, Passing Off, Bad Faith, Revocation for Non Use
Intellectual Property Civil Procedure Trade Marks Unjustified Threats Interim Injunctions Freedom of Expression Passing Off Bad Faith +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bargain Busting Limited

Claimant

Shenzhen SKE Technology Co. Ltd

First Defendant

SKE E-CGIS UK Ltd

Second Defendant

Phoenix Wholesale & Distributors Ltd

Third Defendant

Tesco Stores Limited

Fourth Defendant

Booker Limited

Fifth Defendant

WM Morrison Supermarkets Limited

Sixth Defendant

Procedural Posture

Interim Injunction Application (intellectual Property) / Interlocutory (application for Interim Injunction)

Legal Issues

  1. 1 Whether the claimant should be restrained by interim injunction from making further threats of trade mark infringement proceedings against distributors or retailers of the defendants' goods under the Trade Marks Act 1994 unjustified threats provisions.
  2. 2 Whether the threats made by the claimant were unjustified under the statutory regime.
  3. 3 Whether the balance of convenience and the requirements of s.12(3) Human Rights Act 1998 justify the grant of an interim injunction.

Ratio Decidendi

The court granted an interim injunction restraining the claimant from making further threats of trade mark infringement proceedings against distributors or retailers of SKE's goods, except as permitted by the Trade Marks Act 1994, on the basis that SKE had a sufficiently arguable case on the merits, damages would not be an adequate remedy for SKE, the risk of injustice to SKE outweighed any limited interference with BB's Article 10 rights, and the terms of the injunction would be appropriately limited to permitted communications and primary infringers.

Court Disposition

Interim injunction granted (terms to be agreed or settled by the court)

Orders

  • Claimant restrained from making further threats of trade mark infringement proceedings against distributors or retailers of SKE's goods, except as permitted by the Trade Marks Act 1994 and for permitted communications or primary infringers.
  • Parties to agree the draft order reflecting these terms; court to resolve any disputes on wording.