Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd

Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd

The UK Word Mark 'SUPREME' is invalidly registered except for small animal food due to its descriptive and laudatory nature; Henry Bell's use of 'SUPREME' is descriptive and constitutes honest concurrent use, with no evidence of actual confusion or adverse effect on the origin function of the mark. No infringement is established under Articles 5(1)(a), 5(1)(b), or 5(2) of the Directive, and Henry Bell's defence under Article 6(1)(b) is made out.

Parties
Claimant: Supreme Petfoods Limited; Defendant: Henry Bell & Co (Grantham) Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2015
Procedural Posture
Intellectual Property Dispute / Final Judgment
Outcome
Claim dismissed; counterclaim for partial invalidity of trademarks allowed.
Legal Topics
Trademark Validity, Trademark Infringement, Honest Concurrent Use, Passing Off, Distinctive Character, Descriptive Marks, Reputation, Likelihood of Confusion, Defences to Infringement
Intellectual Property Trademark Law Trademark Validity Trademark Infringement Honest Concurrent Use Passing Off Distinctive Character Descriptive Marks +3 more

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Parties

Supreme Petfoods Limited

Claimant

Henry Bell & Co (Grantham) Limited

Defendant

Procedural Posture

Intellectual Property Dispute / Final Judgment

Legal Issues

  1. 1 Whether the UK Word Mark 'SUPREME' is validly registered
  2. 2 Whether Henry Bell's use of 'SUPREME' infringes Supreme Petfoods' trademarks under Articles 5(1)(a), 5(1)(b), and 5(2) of the Directive
  3. 3 Whether Henry Bell has a defence under Article 6(1)(b) of the Directive

Ratio Decidendi

The UK Word Mark 'SUPREME' is invalidly registered except for small animal food due to its descriptive and laudatory nature; Henry Bell's use of 'SUPREME' is descriptive and constitutes honest concurrent use, with no evidence of actual confusion or adverse effect on the origin function of the mark. No infringement is established under Articles 5(1)(a), 5(1)(b), or 5(2) of the Directive, and Henry Bell's defence under Article 6(1)(b) is made out.

Court Disposition

Claim dismissed; counterclaim for partial invalidity of trademarks allowed.

Orders

  • Declaration that the UK Word Mark is invalidly registered except for small animal food
  • Declaration that the UK and Community Stylised Word Marks are invalidly registered except for small animal food