NOCN (Formerly National Open College Network) v Open College Network Credit4Learning [2015] EWHC 2667 (IPEC) (25 September 2015)

NOCN (Formerly National Open College Network) v Open College Network Credit4Learning [2015] EWHC 2667 (IPEC) (25 September 2015)

'OCN' is a descriptive term for a type of educational body and not distinctive; therefore, the OCN Mark is invalid and to be revoked. The Swoosh Marks are valid and infringed by the Defendant's Logo due to visual similarity and likelihood of confusion. The NOCN Mark is not infringed. Passing off succeeds only in...

Source-derived case information.

Citation
[2015] EWHC 2667 (IPEC)
Parties
Claimant: NOCN (formerly National Open College Network); Defendant: Open College Network Credit4Learning
Jurisdiction
England and Wales
Judgment Date
25 September 2015
Procedural Posture
Intellectual Property (trade Mark and Passing Off) / Judgment After Trial
Outcome
Claim for trade mark infringement fails except that the Swoosh Marks are infringed by the Defendant's Logo; OCN Mark to be revoked; claim for passing off succeeds only in relation to the Defendant's Logo.
Legal Topics
Trade Mark Infringement, Passing Off, Descriptiveness of Trade Marks, Goodwill, Revocation of Trade Marks, Bad Faith Registration
Intellectual Property Charity Law Trade Mark Infringement Passing Off Descriptiveness of Trade Marks Goodwill Revocation of Trade Marks Bad Faith Registration

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Parties

NOCN (formerly National Open College Network)

Claimant

Open College Network Credit4Learning

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether 'OCN' is a distinctive trade mark or a descriptive term
  2. 2 Ownership and assignment of goodwill in 'OCN'
  3. 3 Validity and infringement of the OCN Mark, NOCN Mark, and Swoosh Marks

Ratio Decidendi

'OCN' is a descriptive term for a type of educational body and not distinctive; therefore, the OCN Mark is invalid and to be revoked. The Swoosh Marks are valid and infringed by the Defendant's Logo due to visual similarity and likelihood of confusion. The NOCN Mark is not infringed. Passing off succeeds only in relation to the Defendant's Logo, as goodwill is associated with 'NOCN' and the Swoosh Mark, not 'OCN'.

Court Disposition

Claim for trade mark infringement fails except that the Swoosh Marks are infringed by the Defendant's Logo; OCN Mark to be revoked; claim for passing off succeeds only in relation to the Defendant's Logo.

Orders

  • OCN Mark revoked for being descriptive and not distinctive.
  • Defendant restrained from using the Defendant's Logo infringing the Swoosh Marks.