J W Spear & Sons Ltd & Ors v Zynga Inc

J W Spear & Sons Ltd & Ors v Zynga Inc

The application for expedition is refused because the claimants have not demonstrated the kind of cogent, objectively viewed urgency required to justify departing from the normal trial timetable. The potential damage is not out of the ordinary for trade mark disputes, both parties are well-resourced, and quantification of damages is possible. There is no presumption in favour of expedition in trade mark cases, and the wider interests of other litigants and court resources must be considered.

Parties
Claimant: J. W. Spear & Sons Limited; Claimant: Mattel, Inc.; Claimant: Mattel U.K. Limited; Defendant: Zynga, Inc.
Jurisdiction
England and Wales
Judgment Date
04 May 2012
Procedural Posture
Application for Expedited Trial (trade Mark Infringement) / Ruling on Application for Expedition
Outcome
Application for expedition refused
Legal Topics
Trade Mark Infringement, Expedited Trial, Procedural Discretion
Intellectual Property Civil Procedure Trade Mark Infringement Expedited Trial Procedural Discretion

Case Brief

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Parties

J. W. Spear & Sons Limited

Claimant

Mattel, Inc.

Claimant

Mattel U.K. Limited

Claimant

Zynga, Inc.

Defendant

Procedural Posture

Application for Expedited Trial (trade Mark Infringement) / Ruling on Application for Expedition

Legal Issues

  1. 1 Whether the claimants have demonstrated sufficient urgency to justify expedition of the trial in a trade mark infringement case.

Ratio Decidendi

The application for expedition is refused because the claimants have not demonstrated the kind of cogent, objectively viewed urgency required to justify departing from the normal trial timetable. The potential damage is not out of the ordinary for trade mark disputes, both parties are well-resourced, and quantification of damages is possible. There is no presumption in favour of expedition in trade mark cases, and the wider interests of other litigants and court resources must be considered.

Court Disposition

Application for expedition refused

Orders

  • Application for expedited trial is dismissed; case to proceed on normal timetable.