Bargain Busting Limited v Shenzhen SKE Technology Co Ltd & Ors

Bargain Busting Limited v Shenzhen SKE Technology Co Ltd & Ors

The court granted an interim injunction restraining the claimant from making further threats of infringement proceedings against distributors or retailers in respect of goods supplied by SKE, finding that SKE had established a sufficiently favourable prospect of success at trial to justify the order. The impact on BB’s Article 10 rights was limited and proportionate, and damages would not adequately compensate SKE for losses from further threats. The order’s scope must be limited to customers in respect of SKE-supplied goods and include statutory exceptions and permitted communications.

Parties
Claimant: Bargain Busting Limited; First Defendant: Shenzhen SKE Technology Co. Ltd; Second Defendant: SKE E-CGIS UK Ltd; Third Defendant: Phoenix Wholesale & Distributors Ltd; Fourth Defendant: Tesco Stores Limited; Fifth Defendant: Booker Limited; Sixth Defendant: WM Morrison Supermarkets Limited
Jurisdiction
England and Wales
Judgment Date
21 May 2025
Procedural Posture
Interlocutory Application / Ruling on Interim Injunction
Outcome
Interim injunction granted restraining claimant from making further threats of infringement proceedings; application for disclosure of indemnity agreements refused.
Legal Topics
Trade Mark Infringement, Unjustified Threats, Interim Injunctions, Freedom of Expression, Passing Off, Bad Faith Registration
Intellectual Property Civil Procedure Trade Mark Infringement Unjustified Threats Interim Injunctions Freedom of Expression Passing Off Bad Faith Registration

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Parties

Bargain Busting Limited

Claimant

Shenzhen SKE Technology Co. Ltd

First Defendant

SKE E-CGIS UK Ltd

Second Defendant

Phoenix Wholesale & Distributors Ltd

Third Defendant

Tesco Stores Limited

Fourth Defendant

Booker Limited

Fifth Defendant

WM Morrison Supermarkets Limited

Sixth Defendant

Procedural Posture

Interlocutory Application / Ruling on Interim Injunction

Legal Issues

  1. 1 Whether the claimant should be restrained from making further threats of trade mark infringement proceedings against distributors or retailers
  2. 2 Whether the threats made by the claimant were unjustified under the Trade Marks Act 1994
  3. 3 Whether the claimant's registered marks are valid or liable to revocation

Ratio Decidendi

The court granted an interim injunction restraining the claimant from making further threats of infringement proceedings against distributors or retailers in respect of goods supplied by SKE, finding that SKE had established a sufficiently favourable prospect of success at trial to justify the order. The impact on BB’s Article 10 rights was limited and proportionate, and damages would not adequately compensate SKE for losses from further threats. The order’s scope must be limited to customers in respect of SKE-supplied goods and include statutory exceptions and permitted communications.

Court Disposition

Interim injunction granted restraining claimant from making further threats of infringement proceedings; application for disclosure of indemnity agreements refused.

Orders

  • Interim injunction to restrain Bargain Busting Limited from making further threats of infringement proceedings against distributors or retailers in respect of goods supplied by SKE, subject to statutory exceptions and permitted communications.
  • Parties to agree draft order; court to resolve any disputes.