CE Sign
) in the course of trade in the supply and sale of mechanical fire protection equipment. The Claimant has no issue with the First Defendant using the CE Sign in relation to the supply and sale of electrical safety equipment, but wishes to prevent the First Defendant from using the CE Sign in relation to mechanical fire protection goods or services. 5.The Second Defendant is alleged to be jointly and severally liable with the First Defendant for the acts complained of, on the basis that he authorised, procured and/or directed those acts. The Defendants have admitted those allegations of joint and several liability, so I say no more about them. 6.7.I should also make clear what the Claimant does not complain about. The Claimant is happy for the First Defendant to continue to trade under the CE Sign, carrying on the supply and sale of electrical safety equipment (alarms etc). However it asks the Court to stop the First Defendant from (i) using CORMETON on its own; (ii) from using the Domain Name; (iii) from using the Work and the Device; and (iv) from using CORMETON (including the CE Sign) in relation to a mechanical fire safety business (extinguishers etc). 8.Therefore, the simply phrased question I have set out above of “who gets to use the word CORMETON and for what goods/services” requires assessment of a significant number of sub-issues. 9.The trial was heard remotely. Mr Thomas St Quintin appeared for the Claimant. Mr Tim Austen appeared for the Defendants. 10.Although this judgment will be handed down following the United Kingdom’s departure from the European Union trade mark regime on 31 December 2020, subject to one issue on estoppel/acquiescence to which I will return below, I was asked by both counsel to decide the case on the basis of the law as it stood at the time of the trial.
- David Stone (sitting as Deputy High Court Judge) :
- Signs
- Domain Name
- Device
- CE Sign
- List of Issues
- Goodwill and Reputation
- Partnership; Separation; Consent
- Trade Mark Infringement and Passing Off
- Authorisation
- Acquiescence and estoppel
- Validity of the Mark
- Revocation of the Mark
- Witnesses
- Copyright
- Flaming O Device
- Did the Claimant own protectable goodwill in 2003?
- www.cormeton.co.uk
- Is the Mark invalid or liable for revocation?
- Has the First Defendant infringed the Mark?
- First Defendant’s Goods/Services
- Identical Good/Services
- Passing Off
- Estoppel/Acquiescence
- Summary
