Crafts Group LLC v M/S Indeutsch International & Anor

Crafts Group LLC v M/S Indeutsch International & Anor

Given the withdrawal of all EU Trade Mark infringement claims and the concession that Article 132(1) does not apply, a full stay of all claims is no longer justified. The balance of justice requires only a limited stay of the invalidity claim regarding the UK Chevron Mark pending final resolution of the validity of the EU Chevron Mark. All other claims should proceed.

Parties
Claimant/appellant: Crafts Group LLC; Defendant/respondent: M/S Indeutsch International; Defendant/respondent: M/S KnitPro International
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court (ipec) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Trade Marks, Jurisdiction, Case Management Stay, Unjustified Threats, Passing Off
Intellectual Property Civil Procedure Trade Marks Jurisdiction Case Management Stay Unjustified Threats Passing Off

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Parties

Crafts Group LLC

Claimant/appellant

M/S Indeutsch International

Defendant/respondent

M/S KnitPro International

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (ipec) to Court of Appeal

Legal Issues

  1. 1 Whether IPEC had jurisdiction to order a stay under Article 132(1) of Regulation 2017/1001
  2. 2 Whether a threats action falls within Article 124 of the Regulation
  3. 3 Whether a case management stay of all claims was justified after withdrawal of EU Trade Mark infringement claims

Ratio Decidendi

Given the withdrawal of all EU Trade Mark infringement claims and the concession that Article 132(1) does not apply, a full stay of all claims is no longer justified. The balance of justice requires only a limited stay of the invalidity claim regarding the UK Chevron Mark pending final resolution of the validity of the EU Chevron Mark. All other claims should proceed.

Court Disposition

Appeal allowed

Orders

  • Set aside the order for a stay of all claims
  • Order a stay only of Crafts’ claim for a declaration that the UK Chevron Mark is invalid, pending final resolution of the validity of the EU Chevron Mark