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England and Wales decisions
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Wang Zeng International Ltd v Bing Bing Foods Ltd & Ors [2026] EWHC 360 (IPEC) (20 February 2026)
The court held that the claimant’s pear trade marks were valid and infringed. The defendants failed in their invalidity and revocation counterclaim, and one director was held jointly liable.
The Marks, although descriptive for certain goods, have acquired medium to high distinctiveness through extensive use, marketing, and media coverage. Defendant's D-ROBE Sign and Shield Sign are sufficiently similar to the Marks and used on identical goods, causing a likelihood of confusion among a significant proportion of the public, including direct, indirect, and post-sale confusion. Evidence of actual confusion confirms this risk. Defendant's use also causes detriment and takes unfair advantage of the Marks' reputation. The Marks are not generic as of the relevant dates and have not lost…
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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.
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The Hearing Officer's decision was flawed for failing to consider the descriptiveness and distinctiveness of the mark 'STITCH' in relation to each service separately and for not properly evaluating the evidence of acquired distinctiveness. The decision cannot stand and must be remitted for a fresh determination.
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Stitch Editing Ltd v TikTok Information Technologies UK Ltd [2023] EWHC 1167 (Ch) (17 May 2023)
The High Court allowed Stitch Editing Limited’s trade mark appeal against refusal of STITCH, finding flaws in the Hearing Officer’s service-by-service analysis and remitting the case.
The High Court dismissed Instagram’s appeal against a UKIPO decision allowing registration of “Soundgram” for telecoms services, finding no error in the hearing officer’s trade mark analysis.
Instagram LLC v Meta 404 Ltd [2023] EWHC 436 (Ch) (03 March 2023)
The High Court dismissed Instagram’s appeal against registration of the SOUNDGRAM mark, finding the hearing officer’s trade mark assessments were not perverse.
Jaguar Land Rover Ltd v Ineos Industries Holdings Ltd [2020] EWHC 2130 (Ch) (03 August 2020)
High Court appeal in a trade mark dispute over Land Rover Defender shape marks. The court upheld refusal, finding no inherent or acquired distinctiveness.
High Court appeal over refusal of Land Rover Defender shape trade mark applications failed. The court upheld findings of no inherent or acquired distinctiveness.
Luen Fat Metal And Plastic Manufactory Ltd v Jacobs & Turner Ltd (t/a Trespass) [2019] EWHC 118 (IPEC) (12 December 2018)
The court held that the FUNTIME marks were valid and distinctive, and found infringement by the defendant’s use of “Fun Time” on toy packaging.
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