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England and Wales decisions
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The High Court dismissed easyGroup’s trade mark claims over Premier Inn’s “Rest Easy” branding, finding no confusion, no unfair advantage, and no invalidity.
The Court of Appeal held that Aldi’s Taurus Cloudy Lemon Cider packaging infringed Thatchers’ registered trade mark under section 10(3) by taking unfair advantage of its reputation.
The appeal succeeded on Grounds 1, 2, and 3 because the Hearing Officer failed to consider the correct marks (the Device Marks) and the full scope of goods and services for which they are well-known, leading to errors in the application of Article 6bis and sections 5(2)(b) and 5(3) of the Act. Ground 4 was dismissed as there was insufficient evidence that the Device Marks were well-known in the UK for the sale of food and beverages, and thus no likelihood of confusion was established. Ground 5 was allowed and remitted for reconsideration by a new hearing officer, as the section 5(3) ground re…
Source excerpt
The overall appearance of the Aldi Product (the Sign) is only similar to the Thatchers Trade Mark to a low degree. The dominant branding elements are dissimilar, and the similarities relate to descriptive or common decorative features. There is no likelihood of confusion for the average consumer, no unfair advantage or detriment to the Trade Mark’s reputation or distinctiveness, and no actionable misrepresentation. Accordingly, there is no infringement under section 10(2)(b) or 10(3) TMA, and no passing off.
Source excerpt
Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Fontana Food Ab [2024] EWHC 2311 (Ch) (09 September 2024)
High Court trade mark appeal dismissed: HALLOUMI opposition to GRILLOUMI and GRILLOUMAKI failed on confusion and unfair advantage grounds.
Engineer.Ai Global Ltd v Appy Pie Ltd & Anor [2024] EWHC 1430 (IPEC) (19 June 2024)
The court held that the Builder marks were descriptive or generic for software and app-building services, and dismissed the infringement claims while upholding partial invalidity.
Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 January 2024)
The court dismissed Thatchers’ trade mark and passing off claims over Aldi’s cloudy lemon cider packaging, finding no likelihood of confusion or unfair advantage.
Dyson v MGN Ltd [2023] EWHC 3092 (KB) (01 December 2023)
Defamation trial over a Daily Mirror article about Sir James Dyson’s Brexit views and Dyson’s move to Singapore. The court found honest opinion was made out and dismissed the claim.
The High Court dismissed Iconix's trade mark infringement claims over the DP logo. Miles J found only very faint similarity to Umbro's marks and no confusion or link.
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.
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