NOCN (Formerly National Open College Network) v Open College Network Credit4Learning

NOCN (Formerly National Open College Network) v Open College Network Credit4Learning

'OCN' is a purely descriptive term for a type of educational body and cannot support goodwill or function as a distinctive trade mark. The OCN Mark is invalid and liable to revocation. The Claimant's Swoosh Marks are valid and infringed only by the Defendant's Logo, not by use of 'OCN' or 'OCN Credit4Learning'. Passing off is made out only in relation to the Defendant's Logo, not the use of 'OCN'.

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 as to the Swoosh Marks; OCN Mark revoked; passing off succeeds only in relation to Defendant's Logo.
Legal Topics
Trade Mark Infringement, Passing Off, Descriptive Marks, Goodwill, Revocation of Trade Marks, Bad Faith Registration
Intellectual Property Charity Law Trade Mark Infringement Passing Off Descriptive Marks Goodwill Revocation of Trade Marks Bad Faith Registration

Case Brief

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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 descriptive term or capable of supporting goodwill for passing off
  2. 2 Whether the Claimant owns goodwill in 'OCN' or only in 'NOCN' and the Swoosh Mark
  3. 3 Whether the Defendant infringed the Claimant's trade marks (OCN, NOCN, Swoosh Marks)

Ratio Decidendi

'OCN' is a purely descriptive term for a type of educational body and cannot support goodwill or function as a distinctive trade mark. The OCN Mark is invalid and liable to revocation. The Claimant's Swoosh Marks are valid and infringed only by the Defendant's Logo, not by use of 'OCN' or 'OCN Credit4Learning'. Passing off is made out only in relation to the Defendant's Logo, not the use of 'OCN'.

Court Disposition

Claim for trade mark infringement fails except as to the Swoosh Marks; OCN Mark revoked; passing off succeeds only in relation to Defendant's Logo.

Orders

  • OCN Mark to be revoked under s.3(1)(d) of the Trade Marks Act 1994
  • Defendant's use of its Logo found to infringe the Swoosh Marks and constitute passing off