Trade Marks: Daimler AG v Sany Group Company Ltd
In Daimler AG v Sany Group Company Ltd [2009] EWHC 1003 (Ch) (14 May 2009) the registered proprietor of the following marks sought injunctions and other relief against Sany Group Co. Ltd. in respect of its use of the following sign: The claimant's marks had been registered in the UK and at OHIM for various goods and services for may years and it brought proceedings under s.10 (2) (b) and (3) of the Trade Marks Act 1994 and art 9 (1) (b) and (c) of the Community Trade Marks Regulation. The Defendant acknowledged that it has sold and intends to sell construction machinery (including self-propelled and truck-mounted construction machines) in the UK under and by reference to the above sign but contended that "on a 'real world' assessment of the factors germane to the question of liability, the claims for infringement and passing off should be rejected". The action was listed for trial in July 2009 with an estimated duration of 3 to 5 days. In an attempt to simplif...