![IP-2024-000037 - [2025] EWHC 547 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Heading
Neutral Citation Number: [2025] EWHC 547 (IPEC)
Case No: IP-2024-000037
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY ENTERPRISE COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 11 March 2025
Before :
HIS HONOUR JUDGE HACON
Between :
BABEK INTERNATIONAL LIMTED | Claimant |
- and - | |
ICELAND FOODS LIMITED - and - NATHAN HEPURKER | Defendant/Part 20 Claimant Part 20 Defendant |
Jennifer Dixon (instructed by BC Law Ltd) for the Claimant
Sam Carter (instructed by Pannone Corporate LLP) for the Defendant
Hearing date: 26 February 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 11 March 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
.............................
HIS HONOUR JUDGE HACON
- Heading
- Judge Hacon
- The claim
- Grounds of alleged invalidity
- The case law
- Colour per se marks
- Figurative and three-dimensional marks featuring colour
- Position marks
- The relevance of categorisation
- The statutory requirements
- A sign
- Capable of graphic representation – capable of being represented in the register
- Clarity and precision of protection
- Capacity to distinguish
- The effect of Brexit on the perception of clarity and precision
- Iceland’s arguments
- The issues
- Discussion
- Conclusions