Posts

Showing posts with the label descriptive

Trade Marks and Passing Off - Dryrobe Ltd v Caesr Group Ltd.

Image
Jane Lambert Intellectual Property Enterprise Court  (HH Judge Melissa Clarke) Dryrobe Ltd v Caesr Group Ltd    [2025] EWHC 3167 (IPEC) (4 Dec 2025) This was an action for trade mark infringement and passing off and a counterclaim for revocation or, alternatively, invalidation of the trade marks in suit. Dryrobe The claimant was a private company incorporated with limited liability under the Companies Act 2006 , in the name of  Dryrobe Limited ("Dryrobe") , with  company number 08782079.  Dryrobe makes and sells outdoor clothing products under the brand name DRYROBE.  Its most popular product is the Dryrobe Advance changing robe shown in the above photograph. The Marks Dryrobe is the registered proprietor of the following British trade marks: Number Mark Filing Date Registration Date Goods UK00003001195 DRYROBE 9 Apr 2013 19 Jul 2013 Class 25 "Changing robes" "waterproof and windproof robes" "robes, gowns and capes of towelling material" "be...

Trade Marks and Passing off: Match Group, LLC v Muzmatch Ltd

Image
  Intellectual Property Intellectual Enterprise Court (Mr Nicholas Caddick KC) Match Group LLC v Muzmatch Ltd . [ 2022] EWHC 941 (IPEC) 22 April 2022 This was an action for trade mark infringement and passing off. The claimants are members of the Match Group which operate a worldwide online dating service.  The defendants operated an online dating service for Muslims formerly known as Muzmatch but now called Muzz. The claim was issued in the implementation period after the UK had left the European Union but while EU law continued to apply.  The Match Group complained that Muzz had infringed several of its UK and EU trade marks. The case came on before Mr Nicholas Caddicl QC (as he then was) on 17 and 18 Jan 2022. At para [149] of his judgment of 20 April 2022, the learned deputy judge found that the defendants had infringed the trade marks and were liable for passing off (see Match Group LLC  and others v Muzmatch Ltd and another    [2022] EWHC 941 (IPEC))...