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Showing posts with the label 10 (2)

Trade Marks - Iconix's Appeal

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  Jane Lambert Court of Appeal (Lady Justice King and Lords Justices Arnold and Birss) Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another [2024] EWCA Civ 29 (26 Jan 2024) In  Trade Marks - Iconix Luxembourg Holdings SARL v Dream Pairs Europe   I discussed Mr Justice Miles's judgment in  Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another [2023] EWHC 706 (Ch) (28 March 2023) in this publication on 31 March 2023.  In that action, Iconix Luxembourg Holdings SARL ("Iconix") sued Drean Pairs Europe Inc. and Top Glory Trading Group Inc. ("Dream Pairs") for trade mark infringement under s.10 (2) (b) and (3) of the Trade Marks Act 1994. Mr Justice Miles dismissed the claim for the reasons I set out in my case note.   The Appeal Iconix appealed on the ground that the judge had failed correctly to assess the likelihood of post-sale confusion and on related grounds concerning his assessment of the similarity between Iconix's r...

Trade Marks and Passing Off - easyGroup Limited v Easylife Limited

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By EasyGroup, Public Domain, https://commons.wikimedia.org/w/index.php?curid=100183294   Jane Lambert Chancery Division (Chief Insolvency and Companies Judge Briggs) easyGroup Ltd v Easylife Ltd and another  (Rev2) [2021] EWHC 2 150  ( Ch) (29 July 2021) I mentioned this action in Practice - easyGroup Ltd v Easylife Ltd   on 2 Feb 2022 when I discussed its pre-trial review ( easyGroup Ltd v Easylife Ltd and another [2021] EWHC 1705 (Ch) (11 June 2021). Readers will recall that it was an action for trade mark infringement and passing off. There was also a counterclaim for revocation and declarations of invalidity. The action and counterclaim came on for trial before Chief Insolvency and Companies Judge Briggs on 7, 8, 9 and 13 July 2021. Judge Briggs delivered judgment on 29 July 2021 ( easyGroup Ltd v Easylife Ltd and another   (Rev2) [2021] EWHC 2150 (Ch) (29 July 2021). By para [295] of his judgment, he dismissed the claim, revoked the registrations of ...