Harrison v Teton Valley Trading Co

Harrison v Teton Valley Trading Co

The correct test for bad faith is the combined test: whether the applicant's knowledge and conduct would be regarded as bad faith by persons adopting proper standards. On the facts, the applicant's failure to make further enquiries and his application for a monopoly over a mark used by the opponents amounted to bad...

Source-derived case information.

Parties
Appellant: Harrison; Respondent: Teton Valley Trading Co
Jurisdiction
England and Wales
Judgment Date
27 July 2004
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Trade Marks, Bad Faith, Registration of Trade Marks, Standards of Commercial Behaviour
Intellectual Property Commercial Law Trade Marks Bad Faith Registration of Trade Marks Standards of Commercial Behaviour

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Parties

Harrison

Appellant

Teton Valley Trading Co

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 What is the correct test for 'bad faith' under section 3(6) of the Trade Marks Act 1994?
  2. 2 Did the applicant file the trade mark application in bad faith?

Ratio Decidendi

The correct test for bad faith is the combined test: whether the applicant's knowledge and conduct would be regarded as bad faith by persons adopting proper standards. On the facts, the applicant's failure to make further enquiries and his application for a monopoly over a mark used by the opponents amounted to bad faith.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Outstanding issue on costs for one period to be dealt with in writing.