Roederer v J Garcia Carrion S.A. & Ors [2015] EWHC 2760 (Ch) (06 October 2015)

Roederer v J Garcia Carrion S.A. & Ors [2015] EWHC 2760 (Ch) (06 October 2015)

JGC's use of 'CRISTALINO' on cava sparkling wine infringes Roederer's UK and Community trade marks. The sign 'CRISTALINO' is visually, aurally, and conceptually similar to 'CRISTAL', and the goods are identical or similar. There is a likelihood of confusion, particularly indirect confusion, as consumers may believe...

Source-derived case information.

Citation
[2015] EWHC 2760 (Ch)
Parties
Claimant: Champagne Louis Roederer; First Defendant: J Garcia Carrion S.A.; Second Defendant: Asda Stores Limited; Third Defendant: WM Morrison Supermarkets PLC
Jurisdiction
England and Wales
Judgment Date
06 October 2015
Procedural Posture
Intellectual Property Trade Mark Infringement / Final Judgment After Trial
Outcome
Claim succeeded; judgment for the claimant.
Legal Topics
Trade Mark Infringement, Likelihood of Confusion, Reputation Infringement, Passing Off, Survey Evidence, Brand Recognition
Intellectual Property Trade Marks Trade Mark Infringement Likelihood of Confusion Reputation Infringement Passing Off Survey Evidence Brand Recognition

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Summary, issues, holding and outcome

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Parties

Champagne Louis Roederer

Claimant

J Garcia Carrion S.A.

First Defendant

Asda Stores Limited

Second Defendant

WM Morrison Supermarkets PLC

Third Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement / Final Judgment After Trial

Legal Issues

  1. 1 Whether JGC's use of 'CRISTALINO' infringes Roederer's UK and Community trade marks under section 10(2) and 10(3) of the Trade Marks Act 1994 and article 9(1)(b) and 9(1)(c) of the Community Trade Mark Regulation
  2. 2 Whether 'CRISTALINO' is similar to 'CRISTAL' and likely to cause confusion or take unfair advantage/detriment to the mark's reputation

Ratio Decidendi

JGC's use of 'CRISTALINO' on cava sparkling wine infringes Roederer's UK and Community trade marks. The sign 'CRISTALINO' is visually, aurally, and conceptually similar to 'CRISTAL', and the goods are identical or similar. There is a likelihood of confusion, particularly indirect confusion, as consumers may believe 'CRISTALINO' is a second wine or offshoot of Roederer's CRISTAL brand. The CRISTAL mark has a strong reputation in the UK and EU, and JGC's use takes unfair advantage of and is detrimental to the distinctive character and repute of the mark. No due cause exists for JGC's use.

Court Disposition

Claim succeeded; judgment for the claimant.

Orders

  • Declaration of infringement of UK and Community trade marks by J Garcia Carrion S.A.
  • Injunction restraining J Garcia Carrion S.A. from using 'CRISTALINO' in the UK and EU in relation to sparkling wines.