Wirex Ltd v Cryptocarbon Global Ltd & Ors

Wirex Ltd v Cryptocarbon Global Ltd & Ors

The evidence did not establish that Global owned goodwill associated with 'cryptoback' as a trade name at the Filing Date; therefore, the Trade Mark was validly registered and infringed by the Corporate Defendants. Mr Manuel was jointly liable for infringement by Global and Cryptocarbon UK, but not by Bee-One.

Parties
Claimant: Wirex Limited; Defendant: Cryptocarbon Global Limited; Defendant: Cryptocarbon UK Limited; Defendant: Subash George Manuel; Defendant: Bee-One UK Limited; Defendant to Counterclaim: Wirex (Gibraltar) Limited; Defendant to Counterclaim: Dmitry Lazarichev; Defendant to Counterclaim: Pavel Matveev
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Intellectual Property / Final Judgment
Outcome
Trade Mark held valid and infringed; counterclaim for invalidity and passing off dismissed.
Legal Topics
Trademark Validity, Passing Off, Bad Faith Registration, Joint Tortfeasor Liability
Intellectual Property Trademark Law Trademark Validity Passing Off Bad Faith Registration Joint Tortfeasor Liability

Case Brief

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Parties

Wirex Limited

Claimant

Cryptocarbon Global Limited

Defendant

Cryptocarbon UK Limited

Defendant

Subash George Manuel

Defendant

Bee-One UK Limited

Defendant

Wirex (Gibraltar) Limited

Defendant to Counterclaim

Dmitry Lazarichev

Defendant to Counterclaim

Pavel Matveev

Defendant to Counterclaim

Procedural Posture

Intellectual Property / Final Judgment

Legal Issues

  1. 1 Whether 'cryptoback' was distinctive of Global's services at the Filing Date
  2. 2 Whether Global owned goodwill associated with 'cryptoback' as a trading name
  3. 3 Whether the Trade Mark was invalidly registered under section 5(4)(a) of the Trade Marks Act 1994

Ratio Decidendi

The evidence did not establish that Global owned goodwill associated with 'cryptoback' as a trade name at the Filing Date; therefore, the Trade Mark was validly registered and infringed by the Corporate Defendants. Mr Manuel was jointly liable for infringement by Global and Cryptocarbon UK, but not by Bee-One.

Court Disposition

Trade Mark held valid and infringed; counterclaim for invalidity and passing off dismissed.

Orders

  • Declaration that the Trade Mark is valid
  • Finding of infringement against Corporate Defendants