H Young (Operations) Ltd. v Medici Ltd.

H Young (Operations) Ltd. v Medici Ltd.

Given the specification of 'clothing', there is a likelihood of confusion between 'Animale' and 'Animal'. The specification should not be limited to surf-type or youth clothing, as the average consumer would consider 'clothing' a fair description. Partial revocation is appropriate only where use has not been proved for certain goods.

Parties
Claimant: H Young (Operations) Limited; Defendant: Medici Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2003
Procedural Posture
Intellectual Property Trade Mark Infringement and Revocation / High Court Judgment
Outcome
Claim allowed in part; counterclaim for partial revocation succeeds only in limited respects.
Legal Topics
Trade Mark Infringement, Partial Revocation for Non Use, Passing Off
Intellectual Property Law Trade Mark Infringement Partial Revocation for Non Use Passing Off

Case Brief

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Parties

H Young (Operations) Limited

Claimant

Medici Limited

Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement and Revocation / High Court Judgment

Legal Issues

  1. 1 Whether Medici's use of 'Animale' infringes H Young's 'Animal' registered trade mark under s.10(2) of the Trade Marks Act 1994
  2. 2 Whether the 'Animal' trade mark registration should be partially revoked for non-use under s.46(1)(b)
  3. 3 Whether the specifications of goods should be narrowed in various classes

Ratio Decidendi

Given the specification of 'clothing', there is a likelihood of confusion between 'Animale' and 'Animal'. The specification should not be limited to surf-type or youth clothing, as the average consumer would consider 'clothing' a fair description. Partial revocation is appropriate only where use has not been proved for certain goods.

Court Disposition

Claim allowed in part; counterclaim for partial revocation succeeds only in limited respects.

Orders

  • Partial revocation of the 'Animal' trade mark in respect of certain goods in Classes 9, 14, 16, 18, 20, and 25 as specified in the judgment.
  • Infringement of the 'Animal' trade mark by Medici's use of 'Animale' found.