![CA-2025-000162 - [2025] EWCA Civ 1340](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Heading
ON APPEAL FROM THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INTELLECTUAL PROPERTY LIST (ChD)
Mrs Justice Joanna Smith
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
LORD JUSTICE PETER JACKSON
LORD JUSTICE ARNOLD
and
LADY JUSTICE FALK
Between :
(1) THOM BROWNE INC (2) THOM BROWNE UK LIMITED | Claimants/ Respondents |
- and - | |
ADIDAS AG | Defendant/ Appellant |
Charlotte May KC and Maxwell Keay (instructed by Hogan Lovells International LLP) for the Appellant
Philip Roberts KC and Edward Cronan (instructed by Mishcon de Reya LLP) for the Respondents
Hearing date : 8 October 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 23 October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
.............................
Lord Justice Arnold:
- Heading
- Introduction
- The Trade Marks
- Pictorial representations and written descriptions
- Position marks
- The legal framework
- The first condition
- The second condition
- The third condition
- The issues and the way in which they were argued before the judge
- Points which are not in issue on the appeal
- A point which does not matter
- The judge’s judgment on the live issues
- The grounds of appeal
- Standard of review
- Ground 1
- Ground 2
- Ground 3
- Ground 4
- The foreign decisions
- Conclusions