Crocodile International Private Ltd v La Chemise Lacoste

Crocodile International Private Ltd v La Chemise Lacoste

The defendant has a real prospect at trial of establishing genuine and substantial use of the CROCODILE mark in relation to shirts not including sport shirts, as the swing tag was available for inspection by consumers and the L1212 was marketed as casual wear. Application for summary judgment is dismissed.

Parties
Claimant: Crocodile International Private Ltd; Defendant: La Chemise Lacoste
Jurisdiction
England and Wales
Judgment Date
08 October 2008
Procedural Posture
Civil / Interlocutory Application for Summary Judgment
Outcome
application dismissed
Legal Topics
Trademark Revocation, Genuine Use, Trademark Registration, Summary Judgment, Costs Assessment
Intellectual Property Commercial Law Trademark Revocation Genuine Use Trademark Registration Summary Judgment Costs Assessment

Case Brief

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Parties

Crocodile International Private Ltd

Claimant

La Chemise Lacoste

Defendant

Procedural Posture

Civil / Interlocutory Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendant's use of the CROCODILE mark was genuine within the meaning of Section 46(1)(a) of the Trademarks Act, 1994
  2. 2 Whether the use was in relation to goods for which the mark was registered, specifically 'shirts but not including sport shirts'

Ratio Decidendi

The defendant has a real prospect at trial of establishing genuine and substantial use of the CROCODILE mark in relation to shirts not including sport shirts, as the swing tag was available for inspection by consumers and the L1212 was marketed as casual wear. Application for summary judgment is dismissed.

Court Disposition

application dismissed

Orders

  • Claimant to pay defendant's costs of the application, summarily assessed at £24,615.90, payable within 21 days
  • Permission to appeal refused