D Jacobson & Sons Ltd v Globe GB Ltd & Anor (Rev 1)

D Jacobson & Sons Ltd v Globe GB Ltd & Anor (Rev 1)

The Gola Wing Flash logo trade marks are valid and distinctive, both inherently and through acquired distinctiveness. Globe's Side Design is sufficiently similar and used as a badge of origin, creating a likelihood of confusion among the relevant public. Globe's conduct also constitutes passing off. Jacobson is entitled to relief for infringement and passing off.

Parties
Claimant: D Jacobson & Sons Limited; Defendant: Globe GB Limited; Defendant: Globe Europe SAS
Jurisdiction
England and Wales
Judgment Date
25 January 2008
Procedural Posture
Intellectual Property (trade Mark and Passing Off) / Judgment After Trial
Outcome
Judgment for the Claimant. Globe has infringed the UK and Community trade marks and is liable for passing off.
Legal Topics
Trade Mark Validity, Trade Mark Infringement, Distinctiveness of Trade Marks, Likelihood of Confusion, Passing Off, Survey Evidence Admissibility
Intellectual Property Trade Marks Passing Off Trade Mark Validity Trade Mark Infringement Distinctiveness of Trade Marks Likelihood of Confusion Survey Evidence Admissibility

Case Brief

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Parties

D Jacobson & Sons Limited

Claimant

Globe GB Limited

Defendant

Globe Europe SAS

Defendant

Procedural Posture

Intellectual Property (trade Mark and Passing Off) / Judgment After Trial

Legal Issues

  1. 1 Whether the Gola 'Wing Flash' logo trade marks are valid and distinctive under UK and Community law
  2. 2 Whether Globe's use of its Side Design infringes the Gola trade marks under the Trade Marks Act 1994 and the Regulation
  3. 3 Whether Globe's conduct amounts to passing off

Ratio Decidendi

The Gola Wing Flash logo trade marks are valid and distinctive, both inherently and through acquired distinctiveness. Globe's Side Design is sufficiently similar and used as a badge of origin, creating a likelihood of confusion among the relevant public. Globe's conduct also constitutes passing off. Jacobson is entitled to relief for infringement and passing off.

Court Disposition

Judgment for the Claimant. Globe has infringed the UK and Community trade marks and is liable for passing off.