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Intellectual Property Enterprise Court
Claim No: IP-2022-000066 - [2024] EWHC 1369 (IPEC)
Fecha: 07-Jun-2024
Issue 7: Is Sign 2 similar to the Triple M Mark?
Issue 7: Is Sign 2 similar to the Triple M Mark?
The 6th Defendant and KK admit to using Sign 2 (“MMM”) on signboards within the Metro’s shop at 180 West St, Erith and 85 Ladywell Road, Lewisham, respectively in the name of an offered “MMM Burger”, i.e. in the course of trade, in relation to identical goods. The photograph below is illustrative of the type of use complained of:
- Heading
- Her Honour Judge Melissa Clarke
- Section 2
- Section 3
- Section 4
- TRIPLE M/TRIPLE “M”
- THE ISSUES
- THE LAW
- WITNESSES
- EVIDENCE
- Morley’s after SS joined as CEO in 2009
- Morley’s involvement with KK
- Settlement negotiations and agreement
- Issue 2: Who is the average consumer of the Claimant’s goods and services?
- Determination
- Issue 1: Do C’s Marks comprise a family of marks?
- Submissions
- Determination
- Issue 3 – Have any of C’s Marks acquired an enhanced distinctiveness through use?
- Issue 4 – Is Sign 1 similar to the Morley’s Red and White Mark?
- Determination
- Issue 5: If so, is there (because Sign 1 is similar to the Morley’s Red and White Mark and is used by the Defendants in relation to goods and services identical with those for which the Morley’s Red a
- Determination
- Issue 6: Have the Defendants or any of them infringed Sign 1?
- Pleadings
- Law
- Submissions
- Determination
- Issue 7: Is Sign 2 similar to the Triple M Mark?
- Section 30
- Determination
- Issue 8: If so, is there (because Sign 2 is similar to the Triple M Mark and is used by the 6 th Defendant and KK in relation to goods or services identical with those for which the Triple M Mark is r
- Determination
- Issue 9: Have the 6 th Defendant and KK or either of them infringed the Triple M Mark?
- Issue 10: Is Sign 3 identical to the Triple M Mark?
- Issue 11: If the answer to issue 10 is yes, is Sign 3 used by the 5 th Defendant and KK in relation to goods or services identical with those for which the Triple M Mark is registered?
- Issue 15: Is KK jointly and severally liable with the Franchisee Defendants or any of them in respect of any liability for trade mark infringement established against any of them?
- Submissions
- 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 17: If liability for trademark infringement is established against the Defendants or any of them, did any of the liable Defendants know or have reasonable grounds to know that they were engaging
- Issue 18: Does Sign 1 fall within the definition of Metro’s Signs in the 2018 Agreement?
- Law
- Submissions
- Conclusions