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Intellectual Property Enterprise Court
Claim No: IP-2022-000086 - [2024] EWHC 1430 (IPEC)
Fecha: 19-Jun-2024
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- Heading
- Her Honour Judge Melissa Clarke
- THE CLAIMS
- “Category 1” alleged infringements
- Category 2 Infringement
- Joint Tortfeasorship
- The Defendants’ defence to infringement
- THE COUNTERCLAIM
- C’s Defence to Counterclaim
- THE ISSUES
- LAW
- Family of marks
- Distinctiveness
- Reputation
- Infringement
- Trade Mark Invalidity
- Targeting of websites
- Joint Tortfeasorship
- WITNESSES
- The parties
- The ‘no-code’ application development market in 2021
- The Claimant’s sales figures
- The Claimant’s market share in the UK
- The Claimant’s advertising and marketing spend
- The Claimant’s advertising and marketing activities
- Sponsorship of rugby league games
- Platinum Jubilee campaign
- Google AdWords and web searches
- ‘Builder’ and ‘Builder.ai’ as descriptive terms
- The LinkedIn Post complained of
- Other uses of signs complained of
- DETERMINATION BY ISSUE
- Issue 1: Are the Marks inherently distinctive and/or have they acquired an enhanced distinctive character in the UK by reason of the Claimant’s use of them in the course of trade?
- Builder Word Mark and Builder Home Mark
- Determination
- Builder.ai Word Mark and Builder.ai Figurative Mark
- Determination
- Builder Studio Pro Mark
- Determination
- Builder Now Mark
- Builder Cloud Mark
- Determination
- Acquired distinctiveness
- Issue 2: Do the Marks enjoy a reputation in the UK?
- Issue 3: Would the Marks be viewed by the average consumer as a family of marks by reason of their common component “ Builder ” and/or by reason of the Claimant’s use of the Marks in the course of tra
- Category One alleged infringement
- Category Two alleged infringement
- Conclusions