Claim No: IP-2022-000066 - [2024] EWHC 1369 (IPEC)
Intellectual Property Enterprise Court

Claim No: IP-2022-000066 - [2024] EWHC 1369 (IPEC)

Fecha: 07-Jun-2024

Issue 16: If liability for trademark infringement is established against the Defendants or any of them, did any of the liable Defendants threaten and intend to continue any acts of trade mark infringe

Issue 16: If liability for trademark infringement is established against the Defendants or any of them, did any of the liable Defendants threaten and intend to continue any acts of trade mark infringement?

140.

I am satisfied that KK and some of the Franchisee Defendants are still using Sign 1, Sign 2 and Sign 3. The evidence before me at trial was that the 3rd Defendant, 4th Defendant and 6th Defendant have all ceased trading as Metro’s franchisees. I will hear updated submissions on this at the consequentials hearing following the handing down of this judgment, as there was a suggestion that others of the Franchisee Defendants may be considering the same. However, I am satisfied that the Claimant is entitled to injunctive relief against those Defendants who are still using the Signs.