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England and Wales decisions
Decisions matching the current search
Trade mark appeal over DELTA registrations: the High Court upheld partial invalidation of Marriott’s mark and dismissed the appeal.
Marriott Worldwide Corporation v Delta Air Lines, Inc. [2023] EWHC 283 (Ch) (10 February 2023)
Appeal dismissed in a trade mark invalidity case concerning DELTA marks, class 43 hotel services, similarity to air transport, and a co-existence agreement.
The court dismissed Ian Thomas’s passing off and trade mark invalidity claims over the name Luv Injection, finding the goodwill stayed with the original partnership.
The High Court struck out Anglo Atlantic Media Ltd’s claims after an IPO decision invalidating its band trade mark. The pleadings were barred by privilege, issue estoppel, and lack of a viable cause of action.
Permanent Secretary, Ministry of Energy, Commerce And Tourism & Anor v John & Pascalis Ltd [2018] EWHC 3226 (Ch) (28 November 2018)
Appeal against a trade mark invalidation and refusal to extend time dismissed. The court held the Registrar was functus officio after the cancellation decision.
The court found substantial local goodwill in Bocabar/Boca, held the defendants’ use of similar restaurant names likely to mislead customers, and declared the trade mark invalid.
Bocacina Ltd v (Boca Cafes Ltd (Rev 1) [2013] EWHC 3090 (IPEC) (14 October 2013)
The court found the claimant had substantial local goodwill in Bocabar/Boca, that the defendants’ similar Bristol business misrepresented connection, and invalidated the trade mark registration.
Evans & Anor (t/a Firecraft) v Focal Point Fires Plc [2009] EWHC 2784 (Ch) (10 November 2009)
The High Court granted summary judgment on liability for passing off, holding the defendant was barred from re-litigating issues already decided in UK IPO invalidity proceedings.
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