No Extension of s. 21A Trade Marks Act – Fox Group International Ltd. v Teleta Pharma Limited

Denise McFarland represented Teleta Pharma in their successful Counterclaim to invalidate UK TM “REVOLAX” and claim relief for actionable unjustified threats. The claim has been discontinued soon after issuance, which is reflected in the first paragraph of the Decision of HHJ Melissa Clarke sitting as a Judge of the High Court. 

Her Honour describes the case as a “cautionary tale to potential claimants”.  The Judge found that judged by the ordinary standards of honest people, Fox’s intention in applying for the mark was dishonest and inconsistent with good faith. The s. 3(6) ground was proven.

Fox’s attempts to extend the interpretation of s. 21(A) to include other parties, beyond the actual importer failed.

The trial was heard on a remote basis over 27 and 28 April 2021, with judgment handed down on 23 June 2021 in Court. The High Court element of the Costs awarded were awarded on an indemnity basis, further reflecting the cautionary tale aspects of this case.

[2021] EWHC 1714 (IPEC)

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Denise McFarland