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The High Court dismissed Choice Broadcasting’s passing off claim, and held that the CLASSIC HITS trade mark was invalid and revocable for non-use.
Masterfoods Ltd. v. Controller of Patents Designs and Trademarks [2003] IEHC 121 (30 April 2003)
The High Court allowed appeals and ordered registration of two pet-food slogans, holding they were distinctive or had acquired distinctiveness through use.
Bank of Ireland v. Controller of Patents Designs and Trade Marks [1987] IEHC 6 (31 March 1987)
The High Court held that Bank of Ireland’s “PASS” mark was not registrable as a trade mark, but Eurocard International’s mark could proceed in Part B.
DSG Retail Ltd. v. PC World Ltd. [1998] IEHC 3 (13th January, 1998)
There is a serious issue to be tried as to whether the defendants' use of 'PC WORLD' amounts to passing off, but the balance of convenience does not favour granting interlocutory injunctive relief. The requirements of justice can be met by undertakings from the defendants rather than an injunction, given the disproportionate impact on the defendants and the adequacy of undertakings to protect the plaintiff's interests pending trial.
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