Further defences
108.Notwithstanding the foregoing conclusions on trade mark infringement and passing off, I will discuss the defences of consent and estoppel argued by the parties.
- HIS HONOUR JUDGE HACON
- Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties’ representatives by email and released to BAILII. The date and time for hand-down is deemed to be 10.30 a.m. on Tuesday 25th January 2022.
- Introduction
- Background Facts
- The Witnesses
- The Issues
- Trade Mark Infringement – section 10(2)
- Trade Mark Infringement – section 10(3)
- Passing Off
- Further defences
- Consent
- Rights conferred by registered trade mark
- Estoppel
- Conclusion