Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)

In Marussia Ireland Ltd v Manor Grand Prix Racing Ltd [2016] EWHC 809 (Ch) Males J ruled that EU trade mark law operates as a complete code so far as the rights of an EU trade mark are concerned. A defence of estoppel available under national law would undermine the objective of achieving the same protection in all EU jurisdictions and was accordingly unacceptable.

RMG argued that the same must apply in respect of database rights and to a defence of laches and acquiescence just as much as to estoppel. I agree to the extent that there is no reason to distinguish the three defences in this regard. In the absence of argument, which in the event was not necessary in this case, I make no observation as to whether the availability of those defences in relation to an alleged infringement of database rights or other EU-based right has been affected by Brexit.