Trade Marks and Passing off - Nomination Di Antonio E Paolo Gensini SNC v Brealey and Another
Jane Lambert Intellectual Property Enterprise Court (Judge Hacon) Nomination Di Antonio E Paolo Gensini SNC and another v Brealey and another (t/a JSC Jewellery) [2019] EWHC 599 (13 March 2019) This was an action for trade mark infringement and passing off. The Claimants The first claimants are an Italian partnership dealing in charm bracelets. The second is an Italian company that markets those bracelets. The judge referred to the claimants collectively as "Nomination." The second claimant advertises the bracelets in the UK on its website at www.nomination.com. Judge Hacon, who tried the action, called one of those products as a "composable bracelet" at paragraph [7] of his judgment. and described it as follows: "It consists of individual links, measuring about 10 x 9mm, which may be detached from each other and relinked in any order to the taste of the wearer. These include what were called 'base links', which are ma...