Miss World Ltd. v Channel Four Television Corporation [2007] EWHC 982 (Pat) (16 April 2007)

Miss World Ltd. v Channel Four Television Corporation [2007] EWHC 982 (Pat) (16 April 2007)

There is a strongly arguable case that the use of 'Mr Miss World' infringes the 'Miss World' trade marks under sections 10(1), 10(2), and especially 10(3) of the Trade Marks Act 1994 by taking unfair advantage of the mark's reputation. The requirements of section 12(3) Human Rights Act 1998 are satisfied: the...

Source-derived case information.

Citation
[2007] EWHC 982 (Pat)
Parties
Applicant/proposed Claimant: Miss World Limited; Respondent/proposed Defendant: Channel Four Television Corporation
Jurisdiction
England and Wales
Judgment Date
16 April 2007
Procedural Posture
Application for Interim Relief (injunction) in Trade Mark Infringement / Interim Application Before Trial
Outcome
Injunction granted
Legal Topics
Trade Mark Infringement, Interim Injunctions, Freedom of Expression, Balance of Convenience, Community Trade Marks, Section 10 Trade Marks Act 1994, Article 10 ECHR
Intellectual Property Media Law Human Rights Trade Mark Infringement Interim Injunctions Freedom of Expression Balance of Convenience Community Trade Marks +2 more

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Parties

Miss World Limited

Applicant/proposed Claimant

Channel Four Television Corporation

Respondent/proposed Defendant

Procedural Posture

Application for Interim Relief (injunction) in Trade Mark Infringement / Interim Application Before Trial

Legal Issues

  1. 1 Whether the use of 'Mr Miss World' infringes the 'Miss World' registered and community trade marks under sections 10(1), 10(2), and 10(3) of the Trade Marks Act 1994
  2. 2 Whether an interim injunction should be granted restraining use of the mark before trial, considering Article 10 ECHR and section 12 Human Rights Act 1998

Ratio Decidendi

There is a strongly arguable case that the use of 'Mr Miss World' infringes the 'Miss World' trade marks under sections 10(1), 10(2), and especially 10(3) of the Trade Marks Act 1994 by taking unfair advantage of the mark's reputation. The requirements of section 12(3) Human Rights Act 1998 are satisfied: the applicant is likely to establish at trial that publication under the infringing title should not be allowed. The balance of convenience favours granting an injunction, despite the engagement of Article 10 ECHR, as the use is primarily commercial and parasitic on the claimant's reputation.

Court Disposition

Injunction granted

Orders

  • Channel Four Television Corporation is restrained from broadcasting or otherwise publishing the programme under the title 'Mr Miss World' or using the infringing mark pending trial.