England and Wales Case Law

Wang Zeng International Limited v Bing Bing Foods Limited & Ors

The claimant’s trade marks were not generic or descriptive at the relevant dates, were distinctive, and not registered in bad faith. The defendants’ use of identical signs for identical goods without consent constituted infringement under s.10(1) TMA. The defendants’ counterclaim for invalidity, revocation, and bad faith failed for lack of evidence. Mr Bingtao Wang, as sole director and controlling mind of BBF, had requisite knowledge and is jointly and severally liable; Mr Sohi’s role was purely administrative and he is not liable.

Source excerpt

• Trade mark infringement
• Trade mark validity
• Distinctiveness
• Descriptiveness
• Genericism
• Bad faith

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Wang Zeng International Ltd v Bing Bing Foods Ltd & Ors

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.

• Trade mark infringement
• Trade mark validity
• Distinctiveness
• Descriptiveness
• Genericism
• Acquired distinctiveness

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Dryrobe Ltd v Caesr Group Ltd (t/a D-ROBE OUTDOORS)

Dryrobe Ltd v Caesr Group Ltd (t/a D-ROBE OUTDOORS) [2025] EWHC 3167 (IPEC) (04 December 2025)

Dryrobe succeeded in trade mark infringement and passing off against D-ROBE OUTDOORS. The court upheld DRYROBE’s marks, found confusion, and dismissed invalidity and revocation counterclaims.

• Trade mark infringement
• Passing off
• Trade mark validity
• Genericism
• Likelihood of confusion
• Trade-mark-infringement

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Wise Payments Limited v With Wise Limited & Ors

Defendants infringed Wise Logo Mark by use of 'Wise' signs for payroll services, invoice services, and related downloadable software, causing likelihood of confusion. No infringement of TRANSFERWISE Mark under s10(2) or s10(3) due to insufficient similarity and lack of reputation in Wise solus. Claimant failed in passing off claim; Defendants succeeded in passing off counterclaim for payroll and invoice services. Claimant's Class 9 specifications for computer software and application software were partially invalid for bad faith; specifications narrowed. Recent Marks to be partially invalidat…

Source excerpt

• Trade mark infringement
• Passing off
• Bad faith registration
• Trade mark validity
• Likelihood of confusion

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Babek International Ltd v Iceland Foods Ltd

Babek International Ltd v Iceland Foods Ltd [2025] EWCA Civ 1341 (23 October 2025)

The Court of Appeal dismissed Iceland’s challenge to Babek’s trade mark, holding the mark was a single sign and that the pictorial and written elements were clear and consistent.

• Trade mark registration
• Trade mark validity
• Graphical representation
• Written description
• Colour specification
• Trade-mark-validity

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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.

Source excerpt

• Trade mark infringement
• Trade mark validity
• Passing off
• Acquired distinctiveness
• Technical functionality exclusion
• Likelihood of confusion

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Babek International Ltd v Iceland Foods Ltd

Babek International Ltd v Iceland Foods Ltd [2025] EWHC 547 (IPEC) (11 March 2025)

The IPEC held that Babek’s registered trade mark was valid, rejecting Iceland’s invalidity counterclaim based on alleged lack of clarity and precision.

• Trade mark validity
• Trade mark infringement
• Clarity and precision in trade mark registration
• Interpretation of trade mark descriptions
• Effect of brexit on trade mark registrations
• Trade-mark-validity

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Abbott Diabetes Care Inc v Sinocare Inc & Ors

Abbott Diabetes Care Inc v Sinocare Inc & Ors [2025] EWHC 206 (Ch) (07 February 2025)

The High Court held Abbott’s CGM housing 3D trade mark invalid for lack of distinctiveness and technical function, dismissing infringement and passing off claims.

• Trade mark infringement
• Trade mark validity
• Passing off
• Distinctive character
• Technical function exclusion
• Trade-mark-validity

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Thom Browne Inc & Anor v adidas AC & Ors

Thom Browne Inc & Anor v adidas AC & Ors [2024] EWHC 2990 (Ch) (22 November 2024)

High Court trade mark judgment on adidas’ Three Stripes marks and Thom Browne’s Four Bar Design, addressing validity, use, distinctiveness, infringement and passing off.

• Trade mark validity
• Trade mark infringement
• Passing off
• Distinctive character
• Genuine use
• Brand confusion

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Thom Browne Inc & Anor v adidas International Marketing BV & Ors

High Court trade mark dispute over adidas Three Stripes and Thom Browne’s Four Bar Design, addressing validity, use, infringement, passing off, and honest concurrent use.

• Trade mark infringement
• Passing off
• Trade mark validity
• Genuine use
• Distinctive character
• Revocation

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