Trade Marks - Alice Ltd v Photogram Ltd and others
Author John Tenniel Source Alice in Wonderland . Penguin Books Licence Copyright expired Jane Lambert Intellectual Property Enterprise Court (Her Honor Judge Melissa Clarke Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) (17 Dec 2024) This was an action for the infringement of UK trade mark UK00003362772 and a counterclaim for the revocation of the mark under s.46 (1) of the Trade Marks Act 1994. The mark was the word ALICE registered for goods in class 9 and services in class 37. Infringement was admitted subject to the validity of the registration. The case turned on whether the mark had been put to genuine use in the first 5 years after registration or at any time since. The action and counterclaim came on before Her Honour Judge Melissa Clarke on 24 Oct 2024. By para [101] of her judgment in Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) which she handed down on 17 Dec 2024, the learned judge dismiss...