Daimler Ag v Sany Group Company Ltd

Daimler Ag v Sany Group Company Ltd

Summary judgment is refused because the issues of similarity between marks and goods, the scope of specifications, and the vulnerability of registrations to part-cancellation require fuller investigation at trial; procedural justice demands that these matters not be resolved summarily on incomplete evidence.

Parties
Claimant: Daimler AG; Defendant: Sany Group Company Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2009
Procedural Posture
Intellectual Property Trade Mark Infringement and Passing Off / Application for Summary Judgment
Outcome
Application for summary judgment dismissed.
Legal Topics
Trade Mark Infringement, Passing Off, Part Cancellation for Non Use, Likelihood of Confusion, Specification Interpretation
Intellectual Property Trade Marks Trade Mark Infringement Passing Off Part Cancellation for Non Use Likelihood of Confusion Specification Interpretation

Case Brief

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Parties

Daimler AG

Claimant

Sany Group Company Limited

Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement and Passing Off / Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendant's use of its figurative mark infringes the claimant's registered trade marks under Section 10(2)(b) and 10(3) of the Trade Marks Act 1994 and corresponding Community provisions
  2. 2 Whether the claimant's trade mark registrations are vulnerable to part-cancellation for non-use
  3. 3 Degree of similarity between the marks and goods in issue

Ratio Decidendi

Summary judgment is refused because the issues of similarity between marks and goods, the scope of specifications, and the vulnerability of registrations to part-cancellation require fuller investigation at trial; procedural justice demands that these matters not be resolved summarily on incomplete evidence.

Court Disposition

Application for summary judgment dismissed.

Orders

  • Claimant's application for summary judgment under CPR 24.2 is dismissed.
  • Directions for further conduct of proceedings to be determined after hearing submissions.