Natural Instinct Ltd v Natures Menu Ltd

Natural Instinct Ltd v Natures Menu Ltd

The Defendant's use of 'TRUE INSTINCT' and 'Natures Menu TRUE INSTINCT' for pet food is similar to the Claimant's 'NATURAL INSTINCT' trade mark to a medium degree, the goods are identical, and there is a likelihood of confusion among average consumers. The Claimant's mark has acquired distinctiveness and reputation. There is evidence of actual confusion, and the Defendant's acts also amount to passing off. The Defendant failed to disclose known adverse documents evidencing confusion. The Defendant's use takes unfair advantage of and is detrimental to the Claimant's mark, and is not with due cause. Accordingly, the Defendant infringed the Claimant's trade mark under sections 10(2) and...

Parties
Claimant: Natural Instinct Limited; Defendant: Natures Menu Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2020
Procedural Posture
Intellectual Property (trade Mark Infringement and Passing Off) / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Trade Mark Infringement, Passing Off, Distinctiveness and Reputation, Likelihood of Confusion, Disclosure Obligations
Intellectual Property Law Trade Mark Infringement Passing Off Distinctiveness and Reputation Likelihood of Confusion Disclosure Obligations

Case Brief

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Parties

Natural Instinct Limited

Claimant

Natures Menu Limited

Defendant

Procedural Posture

Intellectual Property (trade Mark Infringement and Passing Off) / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendant's use of 'TRUE INSTINCT' and 'Natures Menu TRUE INSTINCT' infringes the Claimant's registered trade mark under sections 10(2) and 10(3) of the Trade Marks Act 1994
  2. 2 Whether the Defendant's acts amount to passing off
  3. 3 Whether the Claimant's trade mark has acquired distinctiveness and reputation

Ratio Decidendi

The Defendant's use of 'TRUE INSTINCT' and 'Natures Menu TRUE INSTINCT' for pet food is similar to the Claimant's 'NATURAL INSTINCT' trade mark to a medium degree, the goods are identical, and there is a likelihood of confusion among average consumers. The Claimant's mark has acquired distinctiveness and reputation. There is evidence of actual confusion, and the Defendant's acts also amount to passing off. The Defendant failed to disclose known adverse documents evidencing confusion. The Defendant's use takes unfair advantage of and is detrimental to the Claimant's mark, and is not with due cause. Accordingly, the Defendant infringed the Claimant's trade mark under sections 10(2) and...

Court Disposition

Claim allowed

Orders

  • Declaration of trade mark infringement under sections 10(2) and 10(3) of the Trade Marks Act 1994
  • Declaration of passing off