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Trade Marks - Oatly AB v Glebe Farm Foods Ltd

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    Jane Lambert Intellectual Property Enterprise Court (Nicholas Caddick QC)  Oatly AB and another v Glebe Farm Foods Ltd [2021] EWHC 2189 (IPEC) 5 Aug 2021 This was an action for trade mark infringement and passing off. There had been a counterclaim for a declaration of invalidity but that appears not to have been pursued at trial.   The action came on for trial before Mr Nicholas Caddick QC on 9 and 10 June 2021.  He delivered judgment on 5 Aug 2021 ( Oatly AB and another v Glebe Farm Foods Ltd  [2021] EWHC 2189 (IPEC)).  By para [117] of his judgment, he dismissed the claims for trade mark infringement and passing off. The Claim The action was brought by the Swedish company Oatly AB and its wholly-owned British subsidiary Oatly UK Ltd.  Oatly AB marketed a milk substitute made from oats under the following marks: Mark Number Goods OATLY 009001626233 Class 29: oat-based food beverages used as a milk substitute; milk substitutes conta...

Trade Marks and Passing off - Coreix Ltd v Coretx Holdings Plc and Others

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Author BigRiz Licence: Creative Commons Attribution-Share Alike 3,0 Unported Jane Lambert Intellectual Property Enterprise Court     Coreix Ltd v Coretx Holdings Plc and others   [ 2017] EWHC 1695 (IPEC) Mr Recorder Campbell QC This was a claim for trade mark infringement and passing off and an application for the cancellation of CORETX as a UK trade mark. The action was brought by Coreix Ltd . ( "Coreix" ) which was the registered proprietor of the word mark  COREIX . The defendants are members of a group of companies that include the word  CORETX  in their corporate names, have registered CORETX sign as a word mark and supply ICT services under that mark as well as a device mark that includes the word CORETX The Facts The third defendant was incorporated in 2004 under the name CONNEXIONS4LONDON LTD. It traded under the mark C4L in relation to telecommunication and computer services. From Nov 2013, it st...