Prysmian Cables & Systems Limited v M/S Apple International & Ors

Prysmian Cables & Systems Limited v M/S Apple International & Ors

The Claimant failed to prove ownership of goodwill in the BICC brand, and any such goodwill was abandoned or extinguished by non-use and rebranding to BICON. There is no likelihood of confusion or unfair advantage between BICON and BICC Components. The Defendants' trade mark registration was not invalid or made in bad faith.

Parties
Claimant: Prysmian Cables & Systems Limited; First Defendant: M/S Apple International; Second Defendant: Rajesh Manharlal Sanghvi; Third Defendant: BICC Components Limited; Fourth Defendant: Specialised Wiring Accessories Limited; Fifth Defendant: Termination Technology Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Intellectual Property Claim / Judgment After Trial of Liability Only
Outcome
Claim dismissed
Legal Topics
Trade Mark Infringement, Passing Off, Goodwill, Trade Mark Validity, Bad Faith Registration
Intellectual Property Commercial Law Trade Mark Infringement Passing Off Goodwill Trade Mark Validity Bad Faith Registration

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Parties

Prysmian Cables & Systems Limited

Claimant

M/S Apple International

First Defendant

Rajesh Manharlal Sanghvi

Second Defendant

BICC Components Limited

Third Defendant

Specialised Wiring Accessories Limited

Fourth Defendant

Termination Technology Limited

Fifth Defendant

Procedural Posture

Intellectual Property Claim / Judgment After Trial of Liability Only

Legal Issues

  1. 1 Whether the Claimant owns goodwill in the BICC brand
  2. 2 Whether goodwill in BICC was abandoned or extinguished
  3. 3 Whether Defendants' use of BICC Components constitutes passing off

Ratio Decidendi

The Claimant failed to prove ownership of goodwill in the BICC brand, and any such goodwill was abandoned or extinguished by non-use and rebranding to BICON. There is no likelihood of confusion or unfair advantage between BICON and BICC Components. The Defendants' trade mark registration was not invalid or made in bad faith.

Court Disposition

Claim dismissed