![IP-2022-000036 - [2023] EWHC 2005 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Heading
Neutral Citation Number: [2023] EWHC 2005 (IPEC)
Case No: IP-2022-000036
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY ENTERPRISE COURT
Rolls Building
Fetter Lane
London, EC4A 1NL
7 August 2023
Before :
HIS HONOUR JUDGE HACON
Between :
(1) ACEDES HOLDINGS, LLC (2) AC CARS (ENGLAND) LIMITED | Claimants |
- and - | |
(1) CLIVE SUTTON LIMITED (2) CLIVE JEREMY SUTTON | Defendants |
Guy Hollingworth (instructed by Mishcon de Reya LLP) for the Claimants
Michael Hicks and Antony Craggs (solicitor advocate) (instructed by Lewis Silkin LLP) for the Defendants
Hearing date: 4 July 2023
Approved Judgment
This judgment was handed down remotely at 10.30 on 7 August 2023 by circulation to the parties or their representatives by email and released to the National Archives.
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HIS HONOUR JUDGE HACON
- Heading
- Judge Hacon
- The broad issues
- The witness
- The law on trade mark validity
- The issues arising from the application for a declaration of invalidity
- Whether CSL is a licensee under the Ford Cobra Marks
- Statutory requirements of a trade mark licence
- Construction of a written licence
- Discussion
- Whether the use provisions of s.47 were satisfied
- Genuine use under s.47 (2B)
- Discussion
- Whether either s.5(2) or 5(3) obtains
- Section 5(2)
- Section 5(3)
- Whether Ford acquiesced in the use of the AC Cobra Mark under s.46(1)
- The law
- Discussion
- Whether the AC Cobra Mark stands to be revoked for non-use
- Conclusions