Fit Kitchen Ltd & Anor v Scratch Meals Ltd

Fit Kitchen Ltd & Anor v Scratch Meals Ltd

The trade mark was not registered in bad faith as the applicant did not know the company was dissolved at the time of application; restoration under s.1028(1) of the Companies Act validated the application. The defendant's use of FIT KITCHEN infringed the trade mark under s.10(2) due to likelihood of confusion, but not under s.10(3) due to lack of reputation. The claimants established goodwill and misrepresentation, making out passing off.

Parties
Claimant: Fit Kitchen Limited; Claimant: Amar Lodhia; Defendant: Scratch Meals Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2020
Procedural Posture
Intellectual Property / Final Judgment
Outcome
Claim for trade mark infringement under s.10(2) and passing off succeeds; claim under s.10(3) fails; counterclaim for invalidity fails.
Legal Topics
Trade Mark Infringement, Passing Off, Bad Faith Registration, Company Dissolution, Restoration of Companies
Intellectual Property Commercial Law Trade Mark Infringement Passing Off Bad Faith Registration Company Dissolution Restoration of Companies

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Parties

Fit Kitchen Limited

Claimant

Amar Lodhia

Claimant

Scratch Meals Limited

Defendant

Procedural Posture

Intellectual Property / Final Judgment

Legal Issues

  1. 1 Whether the trade mark registration was made in bad faith
  2. 2 Whether the trade mark was valid given company dissolution
  3. 3 Whether the defendant infringed the trade mark under s.10(2) and s.10(3) of the Trade Marks Act

Ratio Decidendi

The trade mark was not registered in bad faith as the applicant did not know the company was dissolved at the time of application; restoration under s.1028(1) of the Companies Act validated the application. The defendant's use of FIT KITCHEN infringed the trade mark under s.10(2) due to likelihood of confusion, but not under s.10(3) due to lack of reputation. The claimants established goodwill and misrepresentation, making out passing off.

Court Disposition

Claim for trade mark infringement under s.10(2) and passing off succeeds; claim under s.10(3) fails; counterclaim for invalidity fails.

Orders

  • Declaration of trade mark infringement under s.10(2)
  • Declaration of passing off