Ghias (t/a Griller) v Ikram (t/a the Griller Original) & Ors [2012] EWPCC 3 (24 January 2012)

Ghias (t/a Griller) v Ikram (t/a the Griller Original) & Ors [2012] EWPCC 3 (24 January 2012)

The defendants' use of 'Griller' and 'The Griller Original' as signs for restaurant services was not strictly identical to the claimant's marks and did not infringe under section 10(1). However, under section 10(2), the use of these signs created a likelihood of confusion with the claimant's Logo mark due to visual, aural, and conceptual similarity, the dominance of the word 'Griller', and the identity of services. The claim under section 10(3) failed as the claimant's marks did not have sufficient reputation among a significant part of the relevant public. The claim for passing off was not properly pleaded and was excluded. Personal liability of the first defendant as a joint tortfeasor...

Citation
[2012] EWPCC 3
Parties
Claimant: Waseem Ghias t/as Griller; First Defendant: Mohammed Ikram t/as The Griller Original; Second Defendant: Esmail Adia t/as Griller King; Third Defendant: Shahzad Ahmad t/as Griller Hut; Fourth Defendant: Griller Original Limited; Fifth Defendant: Griller Hut Limited
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Trade Mark Infringement Claim / Judgment After Trial
Outcome
Partially allowed
Legal Topics
Trade Mark Infringement, Likelihood of Confusion, Distinctiveness, Passing Off (excluded), Joint Tortfeasorship
Intellectual Property Trade Marks Trade Mark Infringement Likelihood of Confusion Distinctiveness Passing Off (excluded) Joint Tortfeasorship

Case Brief

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Parties

Waseem Ghias t/as Griller

Claimant

Mohammed Ikram t/as The Griller Original

First Defendant

Esmail Adia t/as Griller King

Second Defendant

Shahzad Ahmad t/as Griller Hut

Third Defendant

Griller Original Limited

Fourth Defendant

Griller Hut Limited

Fifth Defendant

Procedural Posture

Trade Mark Infringement Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants infringed the claimant's registered trade marks under sections 10(1), 10(2), and 10(3) of the Trade Marks Act 1994
  2. 2 Whether the claimant's marks have sufficient distinctiveness and reputation
  3. 3 Whether there is a likelihood of confusion between the claimant's marks and the defendants' signs

Ratio Decidendi

The defendants' use of 'Griller' and 'The Griller Original' as signs for restaurant services was not strictly identical to the claimant's marks and did not infringe under section 10(1). However, under section 10(2), the use of these signs created a likelihood of confusion with the claimant's Logo mark due to visual, aural, and conceptual similarity, the dominance of the word 'Griller', and the identity of services. The claim under section 10(3) failed as the claimant's marks did not have sufficient reputation among a significant part of the relevant public. The claim for passing off was not properly pleaded and was excluded. Personal liability of the first defendant as a joint tortfeasor...

Court Disposition

Partially allowed

Orders

  • Declaration of infringement of the Logo mark under section 10(2) by the Fourth Defendant's use of 'Griller' and 'The Griller Original' for restaurant services
  • No infringement found under section 10(1) or 10(3)