ICE Group
”). D1 was previously called International Cleaning Equipment Holdings Co. Ltd but changed its name to Intelligent Cleaning Equipment Holdings Co. Ltd on 15 December 2016. D1 holds the intellectual property rights for the ICE Group and is the registered proprietor of the ICE Group trade marks at issue in these proceedings. Various members of the ICE Group have, since 2011, designed and manufactured floor cleaning machines in China which have been imported into the UK for distribution and sale since 2013.4.The Second Defendant, ICE UK Robotics Ltd (“D2”), is a UK company and an indirect subsidiary of D1. The Defendants say it is dormant and has never traded. 5.The Fourth Defendant,
- INTRODUCTION
- ICE Group
- Killis
- C’s Trade Marks
- D1’s 2015 Trade Marks
- C’s claims in infringement and passing off
- The Defendants’ defence to infringement and passing off
- C’s invalidity case
- The Defendants’ counterclaim
- C’s Defence to Counterclaim
- Trade Mark Infringement
- Trade Mark Invalidity
- Absolute grounds for refusal of registration
- Relative grounds for refusal of registration
- Passing-off in the context of invalidity (section 5(4)(a) TMA)
- Acquiescence
- in use
- WITNESSES
- Darren Marston
- Mark Bresnihan
- Sean Edwards
- Michael Pang
- Alexander Schless
- Tibor Killi
- THE FACTS
- www.ice-clean.com
- ICE Machines
- DRYVER machines
- agreed
- THE ISSUES
- C’s invalidity claims in relation to D1’s 2015 Trade Marks pursuant to sections 47(2)(b) and 5(4)(a) TMA
- Relevant date
- Goodwill
- Misrepresentation
- Damage
- Conclusion in relation to sections 47(2) and 5(4)(a) TMA
- Statutory acquiescence – sections 48 and 5(4)(a) TMA
- Ds’ invalidity claims in relation to C’s Trade Marks
- C’s invalidity claims in respect of D1’s 2020 Trade Marks
- Sections 47(2)(a) and 5(2) TMA – Likelihood of confusion
- Sections 47(2)(b) and 5(4)(a) TMA – use liable to be prevented by Passing Off
- Ss 47(1) and 3(6)TMA – Bad Faith
- Issue 5 – Infringement of C’s Trade Marks
- Infringement by Killis
- Infringement by D3
- Passing-off
- SUMMARY
- Counterclaim