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20/03/2020

Pet food manufacturers trade mark dispute

Subject: Intellectual property/Trade marks/ Passing off

Source: British and Irish Legal Information Institute (BAILII)

Natural Instinct Limited v Natures Menu Limited [2020] EWHC 617 (IPEC)

High Court of Justice Intellectual Property Enterprise Court 20 March 2020

Natural Instinct Limited and Natures Menu Limited are two competitors in the pet food market. Natural Instinct has two UK trade marks registered for "foodstuffs for dogs and cats" in class 31 of the Nice Classification.

Natural Instinct alleged that Natures Menu has used trade marks which infringed the former’s marks and it also alleged that the Defendant has engaged in unlawful passing off. The court upheld both claims.

Comment: the case provides an interesting example of the evidence requires to establish similarity ot trade marks and likelihood of consumers being confused.

[Original case report provided by BAILII is acknowledged with thanks. Contains public sector information licensed under the Open Government Licence v3.0. Legaleze is solely responsible for the article or summary.]

 

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