Whirlpool Corporation & Ors v Kenwood Ltd

Whirlpool Corporation & Ors v Kenwood Ltd

The court found that while the KitchenAid Artisan mixer has acquired distinctiveness and goodwill among design-conscious consumers, the Kenwood kMix is not sufficiently similar in shape or appearance to cause a likelihood of confusion or misrepresentation. The differences in design and clear branding mean that the average consumer would not be confused as to origin. There is no infringement of the Community trade mark under Article 9(1)(b) or (c), nor is there actionable passing off. Mere resemblance or association is not enough; there must be confusion or unfair advantage/detriment, which was not established on the evidence.

Parties
Claimant: Whirlpool Corporation; Claimant: Whirlpool Properties Inc; Claimant: KitchenAid Europa Inc.; Defendant: Kenwood Limited
Jurisdiction
England and Wales
Judgment Date
04 August 2008
Procedural Posture
Civil Intellectual Property / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Community Trade Mark Infringement, Passing Off, Distinctiveness of 3 D Marks, Likelihood of Confusion, Reputation and Goodwill, Shape Marks, Market Surveys as Evidence
Intellectual Property Trademark Law Passing Off Community Trade Mark Infringement Distinctiveness of 3 D Marks Likelihood of Confusion Reputation and Goodwill Shape Marks +1 more

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Parties

Whirlpool Corporation

Claimant

Whirlpool Properties Inc

Claimant

KitchenAid Europa Inc.

Claimant

Kenwood Limited

Defendant

Procedural Posture

Civil Intellectual Property / Judgment After Trial

Legal Issues

  1. 1 Whether the shape and appearance of the Kenwood kMix mixer infringes Community trade mark number 2,174,761 registered to Whirlpool or constitutes passing off under UK law.
  2. 2 Whether the registered 3D mark is distinctive and valid.
  3. 3 Whether there is a likelihood of confusion or association between the kMix and KitchenAid mixers among relevant consumers.

Ratio Decidendi

The court found that while the KitchenAid Artisan mixer has acquired distinctiveness and goodwill among design-conscious consumers, the Kenwood kMix is not sufficiently similar in shape or appearance to cause a likelihood of confusion or misrepresentation. The differences in design and clear branding mean that the average consumer would not be confused as to origin. There is no infringement of the Community trade mark under Article 9(1)(b) or (c), nor is there actionable passing off. Mere resemblance or association is not enough; there must be confusion or unfair advantage/detriment, which was not established on the evidence.

Court Disposition

Claim dismissed

Orders

  • Action dismissed. No finding of infringement of Community trade mark or passing off.