Claim No: IP-2022-000086 - [2024] EWHC 1430 (IPEC)
Fecha: 19-Jun-2024
The ‘no-code’ application development market in 2021
The ‘no-code’ application development market in 2021
Mr Lomas asked Ms Gupta about a Gartner report of July 2021, entitled “Magic Quadrant for Multiexperience Development Platforms”. It says that its research focuses on 13 multi-experience development platforms (“MXDPs”) available “from vendors who are able to execute and have the vision to meet the demands of the market”.
Ms Gupta said that she had contributed to the production of that report by answering a number of questions posed of her by Gartner in March 2021, and said that the report was a roughly accurate description of the Claimant’s position in the first half of 2021. The Gartner report describes the Claimant as “…a Visionary… its MXDP product builds on common components seen in applications and uses AI and machines to assemble components and quickly build new applications… Builder.ai’s operations are mainly focussed on APAC and the US with expansion to Europe and the Middle East”. Ms Gupta also accepted as accurate Gartner’s description of the Claimant: “Overall viability. Builder.ai is a new entrant to the market and is relatively small”, but said that had to be considered in its context, which is that it was being compared to companies such as Salesforce which were multibillion dollar corporations.
- 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