Ellerman Investments Ltd & Anor v Elizabeth C-Vanci & Anor

Ellerman Investments Ltd & Anor v Elizabeth C-Vanci & Anor

There is no real prospect that the claimants would fail to establish at trial that there exists a likelihood of confusion on the part of the public between the claimants' marks and the defendants' signs arising out of the similarity between the marks and the signs and the services to which they respectively relate.

Source-derived case information.

Parties
Claimant: Ellerman Investments Limited; Claimant: The Ritz Hotel Casino Limited; Defendant: Elizabeth C-Vanci; Defendant: Eduardo C-Vanci
Jurisdiction
England and Wales
Judgment Date
16 June 2006
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for claimants
Legal Topics
Trade Mark Infringement, Likelihood of Confusion, Domain Name Disputes
Intellectual Property Commercial Law Trade Mark Infringement Likelihood of Confusion Domain Name Disputes

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Parties

Ellerman Investments Limited

Claimant

The Ritz Hotel Casino Limited

Claimant

Elizabeth C-Vanci

Defendant

Eduardo C-Vanci

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether defendants' use of 'Ritz' in domain names infringes claimants' registered trade marks
  2. 2 Whether there is a likelihood of confusion between claimants' marks and defendants' signs
  3. 3 Whether defendants' services relate to gaming services covered by claimants' trade marks

Ratio Decidendi

There is no real prospect that the claimants would fail to establish at trial that there exists a likelihood of confusion on the part of the public between the claimants' marks and the defendants' signs arising out of the similarity between the marks and the signs and the services to which they respectively relate.

Court Disposition

summary judgment granted for claimants

Orders

  • Summary judgment against the defendants.