Alma Communications Ltd & Anor v Feedback Communications Ltd [2004] EWHC 1305 (Ch) (10 May 2004)

Alma Communications Ltd & Anor v Feedback Communications Ltd [2004] EWHC 1305 (Ch) (10 May 2004)

The claimants failed to make full and frank disclosure of material facts regarding third-party use of the 'Bangla' mark, which was crucial to their entitlement to ex parte relief. The court will not continue the ex parte injunction in any form pending the inter partes hearing.

Citation
[2004] EWHC 1305 (Ch)
Parties
Claimant: Alma Communications Limited; Claimant: Neutron Marketing Limited; Defendant: Feedback Communications Limited
Jurisdiction
England and Wales
Judgment Date
10 May 2004
Procedural Posture
Interim Injunction Application / Application to Continue Ex Parte Injunction
Outcome
Ex parte injunction not continued
Legal Topics
Trade Marks, Passing Off, Interim Injunctions, Ex Parte Relief, Disclosure Obligations
Intellectual Property Civil Procedure Trade Marks Passing Off Interim Injunctions Ex Parte Relief Disclosure Obligations

Case Brief

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Parties

Alma Communications Limited

Claimant

Neutron Marketing Limited

Claimant

Feedback Communications Limited

Defendant

Procedural Posture

Interim Injunction Application / Application to Continue Ex Parte Injunction

Legal Issues

  1. 1 Whether the claimants are entitled to continuation of an ex parte injunction in relation to the use of the 'Bangla' mark and get-up on telephone cards
  2. 2 Whether there was a breach of the duty of full and frank disclosure by the claimants in the ex parte application

Ratio Decidendi

The claimants failed to make full and frank disclosure of material facts regarding third-party use of the 'Bangla' mark, which was crucial to their entitlement to ex parte relief. The court will not continue the ex parte injunction in any form pending the inter partes hearing.

Court Disposition

Ex parte injunction not continued

Orders

  • Ex parte relief granted is not continued pending the inter partes hearing