CLASS 46
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FRIDAY, 24 DECEMBER 2010
No interim relief for herd of Cow brands
In Cowshed Products Ltd v Island Origins Ltd and others [2010] EWHC 3357 (Ch), 17 December 2010, the Chancery Division of the High Court for England and Wales (Judge Birss QC) dismissed an application by Cowshed for an interim injunction for trade mark infringement and passing off to stop Island using the brand "The Jersey Cow Company" for a range of beauty and other products. Cowshed sold a range of up-market beauty and lifestyle products ---soap, shampoo, candles and scents -- under a house brand "Cowshed", but also used a series of subsidiary brands to differentiate various Cowshed product ranges. These secondary brands -- which were covered by some 30 trade marks -- included "Lippy Cow" for lip balm, "Knackered Cow" for products designed to uplift a tired user, "Cheeky Cow" moisturiser, "Grumpy Cow" shower gel and "Horny Cow" aphrodisiac oil.
Tags: England and Wales, interim injunction,
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No interim relief for herd of Cow brands
Refusing to grant interim relief until full trial, the judge agreed that Cowshed had a good arguable case. However Island had an arguable defence since it did not use the cow image in the same allusive way as Cowshed did. No injunction would be granted since, if there was an infringement but no interim relief were to be granted, damage to Cowshed would be modest, while an interim injunction would probably put Island out of business.
Posted by: Blog Administrator @ 11.16Tags: England and Wales, interim injunction,
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