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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.
Lidl Great Britain Ltd & Anor v Tesco Stores Ltd & Anor [2022] EWHC 1434 (Ch) (13 June 2022)
The High Court refused Lidl’s bid to strike out Tesco’s bad-faith counterclaim over the Wordless Mark, but allowed Lidl to rely on survey evidence at trial.
Easygroup Ltd v Easylife Ltd & Anor [2021] EWHC 1705 (Ch) (11 June 2021)
The High Court dismissed EasyGroup’s strike-out bid against witness statements said to show actual confusion, but refused a late amendment pleading honest concurrent use.
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.
Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2017] EWHC 3196 (Ch) (15 December 2017)
The High Court allowed Glaxo’s application to rely on survey evidence in a passing off claim over Seretide inhalers, finding the evidence potentially of real value despite objections.
Roederer v J Garcia Carrion S.A. & Ors [2015] EWHC 2760 (Ch) (06 October 2015)
The High Court held that J Garcia Carrion’s use of CRISTALINO for cava infringed Roederer’s CRISTAL trade marks and invalidated JGC’s marks.
The High Court refused permission for survey evidence in a passing off and trade mark dispute over London black cabs, finding the proposed survey unreliable and too costly.
Enterprise Holdings, Inc v Europcar Group UK Ltd & Anor [2015] EWHC 17 (Ch) (13 January 2015)
High Court trade mark and passing off case about Europcar’s ‘e-moving’ logo. The court found infringement of Enterprise’s ‘e’ mark and passing off established.
Enterprise Holdings Inc v Europcar Group UK Ltd & Anor [2014] EWHC 2498 (Ch) (22 July 2014)
The High Court allowed Enterprise to rely on survey evidence to support acquired distinctiveness of its green logo in a trade mark dispute with Europcar.
The High Court allowed Enterprise to rely on survey evidence about acquired distinctiveness of its green logo in a trade mark and passing off dispute with Europcar.
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