![CA-2025-000162 - [2025] EWCA Civ 1340](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Standard of review
Standard of review
It is common ground between the parties to this appeal that the judge’s conclusions under appeal were evaluative assessments and thus this Court can only intervene if she erred in law or in principle, which includes a gap in logic, a lack of consistency or a failure to take into account a material factor that undermines the cogency of the conclusion. It is not enough that this Court might have reached a different conclusion: see Lifestyle Equities CV v Amazon UK Services Ltd [2024] UKSC 8, [2024] Bus LR 532 at [46]-[50] (Lord Briggs and Lord Kitchin) and Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc [2025] UKSC 25 at [94]-[95] (Lord Briggs and Lord Stephens).
- 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