Trademarks and Passing Off

All members of chambers are frequently involved in matters relating to registered trade marks (including both United Kingdom trade marks and European Community trade marks) and passing off.

This typically involves proceedings in the High Court for infringement and validity of a registered trade mark under the Trade Marks Act 1994. As this Act is derived from a European Council Directive which seeks to harmonise trade mark law across the EU, such cases can and do result in references to the European Court of Justice.

Barristers from chambers also conduct opposition and revocation proceedings before the Registrar of Trade Marks in the UK in relation to UK registered trade marks and at Office for Harmonisation in the Internal Market (OHIM) in relation to community trade marks.

Members of chambers have been involved in many of the recent leading trade mark and passing off cases, including:

  • Hasbro Inc & Ors v 123 Nahrmittel GmbH & Anor [2011] EWHC 199 (Ch), High Court
  • Datacard Corporation v Eagle Technologies Ltd [2011] EWHC 244 (Pat), High Court
  • Yell Ltd v Giboin & Ors [2011] EWPCC 9, Patents County Court
  • Diageo v. ICB (“Vodkat”) [2010] E.T.M.R. 57, Court of Appeal
  • Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc [2010] RPC 7, Court of Appeal
  • L'Oreal SA v Bellure NV (C-487/07) [2010] RPC 1, Court of Justice
  • Last Minute Network Ltd v OHIM (OHIM) (T-114/07) [2010] ETMR 35, Court of First Instance
  • Interflora Inc v Marks & Spencer Plc, [2009] RPC 22, High Court
  • Honda Europe v OHIM [2009] ETMR 34, Court of First Instance,
  • Intel v CPM United Kingdom [2009] ETMR 13, Court of Justice
  • L'Oreal v eBay [2009] RPC 21, Court of Appeal
  • Eli Lilly v 8PM Chemists [2008] FSR 11 & 12, Court of Appeal