Data Marketing & Secretarial Ltd & Anor v S & S Enterprises Ltd

Data Marketing & Secretarial Ltd & Anor v S & S Enterprises Ltd

The Trade Mark JUMPSTAR is not descriptive of a characteristic of battery chargers, is not devoid of distinctive character, was not applied for in bad faith, and the defendants' use was not permissible under honest practices; the claimants issued no actionable threat.

Source-derived case information.

Parties
Claimant: Data Marketing & Secretarial Limited; Claimant: Winning Deals Limited; Defendant: S & S Enterprises Limited; Defendant: Selective Marketplace Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2014
Procedural Posture
Intellectual Property / Judgment
Outcome
Trade Mark JUMPSTAR is validly registered and has been infringed by the defendants; no actionable threat issued by claimants.
Legal Topics
Trade Mark Validity, Trade Mark Infringement, Bad Faith Registration, Distinctive Character, Groundless Threats
Intellectual Property Trade Mark Validity Trade Mark Infringement Bad Faith Registration Distinctive Character Groundless Threats

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Parties

Data Marketing & Secretarial Limited

Claimant

Winning Deals Limited

Claimant

S & S Enterprises Limited

Defendant

Selective Marketplace Limited

Defendant

Procedural Posture

Intellectual Property / Judgment

Legal Issues

  1. 1 Whether the Trade Mark JUMPSTAR is invalid under Art 3(1)(c) for designating a characteristic of the goods
  2. 2 Whether the Trade Mark is devoid of distinctive character under Art 3(1)(b)
  3. 3 Whether the Trade Mark was applied for in bad faith under Art 3(2)(d)

Ratio Decidendi

The Trade Mark JUMPSTAR is not descriptive of a characteristic of battery chargers, is not devoid of distinctive character, was not applied for in bad faith, and the defendants' use was not permissible under honest practices; the claimants issued no actionable threat.

Court Disposition

Trade Mark JUMPSTAR is validly registered and has been infringed by the defendants; no actionable threat issued by claimants.

Orders

  • Declaration of validity of Trade Mark JUMPSTAR
  • Finding of infringement against defendants