Campbell (t/a Hp-c Associates) v Devon County Council [2008] EWPCC 2 (26 June 2008)

Campbell (t/a Hp-c Associates) v Devon County Council [2008] EWPCC 2 (26 June 2008)

All uses of the copyright works and trade mark by DCC were with Mr Campbell's licence or consent, so the action fails. Even absent consent, only one PowerPoint slide was infringed, but not a substantial part of the literary work. The trade mark DEVONSHIRE FLAVOUR is invalid as it is descriptive and lacks distinctiveness under section 3(1)(c) of the Trade Marks Act 1994.

Citation
[2008] EWPCC 2
Parties
Claimant: Mr Kenneth Campbell trading as Hp-c Associates; Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
26 June 2008
Procedural Posture
Civil / Judgment
Outcome
claim dismissed, counterclaim allowed
Legal Topics
Copyright Infringement, Trade Mark Infringement, Trade Mark Validity, Estoppel, Licence
Intellectual Property Copyright Infringement Trade Mark Infringement Trade Mark Validity Estoppel Licence

Case Brief

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Parties

Mr Kenneth Campbell trading as Hp-c Associates

Claimant

Devon County Council

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether DCC infringed Mr Campbell's copyright in literary material and PowerPoint slides
  2. 2 Whether DCC infringed Mr Campbell's registered trade mark DEVONSHIRE FLAVOUR
  3. 3 Whether the trade mark DEVONSHIRE FLAVOUR is valid

Ratio Decidendi

All uses of the copyright works and trade mark by DCC were with Mr Campbell's licence or consent, so the action fails. Even absent consent, only one PowerPoint slide was infringed, but not a substantial part of the literary work. The trade mark DEVONSHIRE FLAVOUR is invalid as it is descriptive and lacks distinctiveness under section 3(1)(c) of the Trade Marks Act 1994.

Court Disposition

claim dismissed, counterclaim allowed

Orders

  • Claim dismissed in full
  • Declaration that the trade mark DEVONSHIRE FLAVOUR is invalid