CA-2025-000801 - [2025] EWCA Civ 1341

This is an appeal by the Defendant (“Iceland”) against an order made by His Honour Judge Hacon sitting in the Intellectual Property Enterprise Court on 11 April 2025 in so far as it dismissed Iceland’s application for summary judgment in its counterclaim for a declaration that United Kingdom Registered Trade Mark No.00907527963 (“the Trade Mark”) owned by the Claimant (“Babek”) was invalidly registered. Iceland contends that the Trade Mark is not registrable. The judge rejected that contention for the reasons given in his judgment dated 11 March 2025 [2025] EWHC 547 (IPEC). Although in form the application before the judge was one for summary judgment, the parties agreed that the judge should determine the validity of the Trade Mark. I granted Iceland permission to appeal.