Iconix Luxembourg Holdings Sarl (claimant/appellant) v Dream Pairs Europe Inc. & anr (defendants/respondents)
Tuesday 16 January 2024
By an Appellant’s Notice filed on 2 June 2023, this is an appeal against the Order dated 12 May 2023 of Mr Justice Miles sitting in the Chancery Division in which he dismissed the claim for trademark infringement against the Respondents and ordered costs against the Appellant.
Background – The Appellant is the owner of the Umbro brand and bought infringement proceedings against the Respondent under sections 10(2)(b) and 10(3) 0f the Trade Marks Act 1994.
The Respondent owned a brand called Dream Pairs which sold footwear, including football boots through Amazon. The Applicant claimed that the registered Trade Mark of the Respondent, infringed it’s Trade Mark “Double Diamond” logo. The Judge concluded that whilst there was a “faint similarity” between the two logos, it would not cause confusion to the average consumer and would not give rise to link in the mind of the average consumer between the two logo. He dismissed the claims with costs.
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