Electrocoin Automatics Ltd. v Coinworld Ltd & Ors

Electrocoin Automatics Ltd. v Coinworld Ltd & Ors

The trade marks BAR-X and OXO are valid and not invalid for lack of distinctiveness, descriptiveness, or customary use. The defendants' use of BEAR X and the symbols BAR, X, and O on gaming machines and in advertising does not infringe the trade marks, as such use is not as a trade mark but as traditional, descriptive game elements, and is in accordance with honest commercial practices. There is no likelihood of confusion or unfair advantage/detriment established.

Parties
Claimant: Electrocoin Automatics Limited; Defendant: Coinworld Limited; Defendant: Thomas John Evans; Defendant: Ernest Keith Ingram
Jurisdiction
England and Wales
Judgment Date
29 June 2004
Procedural Posture
Intellectual Property (trade Mark) Action / Judgment After Trial
Outcome
Claims for invalidity and infringement dismissed
Legal Topics
Trade Mark Validity, Trade Mark Infringement, Distinctiveness, Descriptiveness, Use in the Course of Trade, Honest Commercial Practices
Intellectual Property Trade Marks Trade Mark Validity Trade Mark Infringement Distinctiveness Descriptiveness Use in the Course of Trade Honest Commercial Practices

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 26 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Electrocoin Automatics Limited

Claimant

Coinworld Limited

Defendant

Thomas John Evans

Defendant

Ernest Keith Ingram

Defendant

Procedural Posture

Intellectual Property (trade Mark) Action / Judgment After Trial

Legal Issues

  1. 1 Whether the trade marks BAR-X and OXO are invalid for lack of distinctiveness, descriptiveness, or customary use under UK and Community law
  2. 2 Whether the defendants infringed the trade marks by use of similar signs and symbols on gaming machines and in advertising
  3. 3 Whether the use of the symbols BAR, X, and O on reels and win tables constitutes trade mark use or descriptive use

Ratio Decidendi

The trade marks BAR-X and OXO are valid and not invalid for lack of distinctiveness, descriptiveness, or customary use. The defendants' use of BEAR X and the symbols BAR, X, and O on gaming machines and in advertising does not infringe the trade marks, as such use is not as a trade mark but as traditional, descriptive game elements, and is in accordance with honest commercial practices. There is no likelihood of confusion or unfair advantage/detriment established.

Court Disposition

Claims for invalidity and infringement dismissed

Orders

  • Claims for invalidity and infringement are dismissed.