Alice Limited v Photogram Limited & Ors

Alice Limited v Photogram Limited & Ors

The Claimant demonstrated genuine use of the Alice Mark across the specifications in classes 9 and 37. The Defendants' use of 'ALICE' and 'ALICE CAMERA' in relation to cameras identical to the class 9 goods infringed the Alice Mark under sections 10(1) and 10(2) TMA. There was a likelihood of confusion, and the counterclaim for revocation failed as genuine use was established.

Parties
Claimant: Alice Limited; First Defendant: Photogram Limited; Second Defendant: Liam Donovan; Third Defendant: Vishaal Kumar; Fourth Defendant: Vikas Kumar
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Trade Mark Infringement and Revocation / Judgment on Liability Only After Trial
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Trade Mark Infringement, Revocation for Non Use, Genuine Use, Likelihood of Confusion, Specification Amendment
Intellectual Property Trade Marks Trade Mark Infringement Revocation for Non Use Genuine Use Likelihood of Confusion Specification Amendment

Case Brief

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Parties

Alice Limited

Claimant

Photogram Limited

First Defendant

Liam Donovan

Second Defendant

Vishaal Kumar

Third Defendant

Vikas Kumar

Fourth Defendant

Procedural Posture

Trade Mark Infringement and Revocation / Judgment on Liability Only After Trial

Legal Issues

  1. 1 For which goods/services has the Alice Mark been put to genuine use in the relevant period?
  2. 2 Is the Alice Camera Sign identical or highly similar to the Alice Mark?
  3. 3 Has the First Defendant infringed the Alice Mark under section 10(1) and/or 10(2) TMA?

Ratio Decidendi

The Claimant demonstrated genuine use of the Alice Mark across the specifications in classes 9 and 37. The Defendants' use of 'ALICE' and 'ALICE CAMERA' in relation to cameras identical to the class 9 goods infringed the Alice Mark under sections 10(1) and 10(2) TMA. There was a likelihood of confusion, and the counterclaim for revocation failed as genuine use was established.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Declaration of infringement of the Alice Mark under sections 10(1) and 10(2) TMA
  • Injunction to restrain further infringement