Wednesday 9 – Thursday 10 November 2022
By Appellants Notice filed on 2 February 2022, the Defendants appeal the order of Mr Justice Adam Johnson dated 20th January 2022.
Background: This is a trademark case where the Claimants alleged infringement of their UK registered trademarks for the word mark “VAGISIL” under s10(2)(b) Trademarks Act 1994. The Claimants relied on several registered trademarks in the name of the First Claimant, and which are used by the Second Claimant under licence. They complained about the Defendants placing goods on the market for sale in the UK products bearing the name “VAGISAN”. The Defendants denied any infringement, relying on various defences and advanced a counterclaim for a declaration that their rebranded sign did not infringe any of the Claimants’ trademarks.
Their defence and counterclaim were unsuccessful and they were found to have infringed. They now appeal.