![IP-2024-000037 - [2025] EWHC 547 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Judge Hacon
Judge Hacon :
Introduction
This is an application for summary judgment. The claim is for infringement of UK registered trade mark no. 907527963 (‘the Trade Mark’) owned by the claimant (‘Babek’). There is a counterclaim by the defendant (‘Iceland’) for a declaration that the Trade Mark is invalid and an additional claim brought by Iceland against the son of a former proprietor of the Trade Mark.
Summary judgment is sought by Iceland on its counterclaim for a declaration of invalidity.
Sam Carter appeared for Iceland, Jennifer Dixon for Babek. They provided thorough and very helpful written and oral submissions.
- 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