Hotel Cipriani Srl & Ors v Fred 250 Ltd & Ors (Rev 1)

Hotel Cipriani Srl & Ors v Fred 250 Ltd & Ors (Rev 1)

The use of 'G. Cipriani' and 'Giuseppe Cipriani' in restaurant logos and menus constitutes infringement of the Community Trade Mark and passing off, and thus breaches the injunction, because such use creates a likelihood of confusion among the relevant UK public and is not protected by own name or honest practices defences. The historic website targeted UK consumers and thus breached the injunction, but the current website does not target UK consumers and is not in breach.

Parties
Claimant: Hotel Cipriani SRL; Claimant: Hotelapa Investimento Hoteleiro SA; Claimant: Island Hotel (Madeira) Limited; Defendant: Fred 250 Limited; Defendant: Giuseppe Cipriani; Defendant: Cipriani International SA
Jurisdiction
England and Wales
Judgment Date
29 January 2013
Procedural Posture
Intellectual Property / Post Judgment Applications for Declarations Regarding Breach of Injunction
Outcome
Declarations granted in favour of HC in part; declarations sought by Giuseppe refused.
Legal Topics
Community Trade Mark Infringement, Injunction Enforcement, Likelihood of Confusion, Use of Own Name Defence, Honest Practices, Passing Off, Website Targeting
Intellectual Property Trademark Law Passing Off Community Trade Mark Infringement Injunction Enforcement Likelihood of Confusion Use of Own Name Defence Honest Practices +1 more

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Parties

Hotel Cipriani SRL

Claimant

Hotelapa Investimento Hoteleiro SA

Claimant

Island Hotel (Madeira) Limited

Claimant

Fred 250 Limited

Defendant

Giuseppe Cipriani

Defendant

Cipriani International SA

Defendant

Procedural Posture

Intellectual Property / Post Judgment Applications for Declarations Regarding Breach of Injunction

Legal Issues

  1. 1 Whether use of 'G. Cipriani' and 'Giuseppe Cipriani' in restaurant logos constitutes breach of injunction by infringing CTM and passing off
  2. 2 Whether the Cipriani Group's website advertising restaurant services to UK consumers constitutes breach of injunction
  3. 3 Whether proposed use of logos with 'Managed by Giuseppe Cipriani' would breach the injunction

Ratio Decidendi

The use of 'G. Cipriani' and 'Giuseppe Cipriani' in restaurant logos and menus constitutes infringement of the Community Trade Mark and passing off, and thus breaches the injunction, because such use creates a likelihood of confusion among the relevant UK public and is not protected by own name or honest practices defences. The historic website targeted UK consumers and thus breached the injunction, but the current website does not target UK consumers and is not in breach.

Court Disposition

Declarations granted in favour of HC in part; declarations sought by Giuseppe refused.

Orders

  • Declaration that use of 'G. Cipriani' in C London and Downtown Mayfair logos from May 2010 to December 2011 and November to December 2011 respectively breached the injunction.
  • Declaration that proposed use of 'Giuseppe Cipriani' in logos would breach the injunction.