Abbott Diabetes Care Inc v Sinocare Inc & Ors

Abbott Diabetes Care Inc v Sinocare Inc & Ors

Abbott's 3D trade mark for its CGM sensor OBU was invalid for lack of acquired distinctiveness and because it consisted exclusively of a shape necessary to obtain a technical result. Even if valid, there was no likelihood of confusion or unfair advantage from Sinocare's use, and the honest practices defence would apply. Abbott's passing off claim also failed as the shape was not a badge of origin.

Parties
Claimant: Abbott Diabetes Care Inc.; Defendant: Sinocare Inc; Defendant: Sinocare Meditech Inc; Defendant: Sannuo Health Management Co Ltd; Defendant: Sungo Certification Company Ltd
Jurisdiction
England and Wales
Judgment Date
02 July 2025
Procedural Posture
Intellectual Property (trade Mark) Dispute / Final Judgment After Trial
Outcome
Claim dismissed; counterclaim allowed; declaration of invalidity and non-infringement of the mark.
Legal Topics
Trade Mark Infringement, Trade Mark Validity, Passing Off, Acquired Distinctiveness, Technical Functionality Exclusion, Likelihood of Confusion, Unfair Advantage, Dilution, Honest Practices Defence
Intellectual Property Commercial Law Trade Mark Infringement Trade Mark Validity Passing Off Acquired Distinctiveness Technical Functionality Exclusion Likelihood of Confusion +3 more

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Parties

Abbott Diabetes Care Inc.

Claimant

Sinocare Inc

Defendant

Sinocare Meditech Inc

Defendant

Sannuo Health Management Co Ltd

Defendant

Sungo Certification Company Ltd

Defendant

Procedural Posture

Intellectual Property (trade Mark) Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether Abbott's 3D trade mark for its CGM sensor OBU is valid under UK law
  2. 2 Whether the mark has acquired distinctiveness
  3. 3 Whether the mark consists exclusively of a shape necessary to obtain a technical result

Ratio Decidendi

Abbott's 3D trade mark for its CGM sensor OBU was invalid for lack of acquired distinctiveness and because it consisted exclusively of a shape necessary to obtain a technical result. Even if valid, there was no likelihood of confusion or unfair advantage from Sinocare's use, and the honest practices defence would apply. Abbott's passing off claim also failed as the shape was not a badge of origin.

Court Disposition

Claim dismissed; counterclaim allowed; declaration of invalidity and non-infringement of the mark.

Orders

  • Abbott's claim is dismissed.
  • Judgment on Sinocare's counterclaim.