Models One Ltd v Phillips & Ors [2002] EWCA Civ 1799 (22 November 2002)

Models One Ltd v Phillips & Ors [2002] EWCA Civ 1799 (22 November 2002)

The defendants' use of 'Models 1 UK Ltd' and related signs was identical or similar to the claimant's registered trademarks and used in relation to identical services, constituting infringement under sections 10(1) and 10(2) of the Trade Marks Act 1994. The evidence also established passing off. No arguable defence...

Source-derived case information.

Citation
[2002] EWCA Civ 1799
Parties
Claimant/respondent: Models One Limited; Defendant/applicant: Kevin Phillips; Defendant/applicant: Models 1 UK Limited; Defendant/applicant: Studio 4 (A Firm)
Jurisdiction
England and Wales
Judgment Date
22 November 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Stay of Execution
Outcome
Application for permission to appeal refused
Legal Topics
Trademark Infringement, Passing Off, Summary Judgment, Extension of Time, Appeal Procedure
Intellectual Property Civil Procedure Trademark Infringement Passing Off Summary Judgment Extension of Time Appeal Procedure

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Parties

Models One Limited

Claimant/respondent

Kevin Phillips

Defendant/applicant

Models 1 UK Limited

Defendant/applicant

Studio 4 (A Firm)

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether the defendants infringed the claimant's registered trademarks under the Trade Marks Act 1994
  2. 2 Whether the defendants committed passing off against the claimant
  3. 3 Whether the defendants should be granted an extension of time to file an acknowledgement of service

Ratio Decidendi

The defendants' use of 'Models 1 UK Ltd' and related signs was identical or similar to the claimant's registered trademarks and used in relation to identical services, constituting infringement under sections 10(1) and 10(2) of the Trade Marks Act 1994. The evidence also established passing off. No arguable defence was presented, making summary judgment and refusal of permission to appeal appropriate.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • No stay of execution granted