8 NEW SQUARE

020 7405 4321

IPC Media Ltd v Media 10 Ltd [2014] EWCA Civ 1439

Case Summary  |  Judgment  |  12 November 2014

 

This case concerned an attempt by IPC Media (the publishers of Ideal Home magazine) to restrain Media 10 (the organisers of the Ideal Home Show) from using ‘Ideal Home’ for online retail services, against a backdrop of long concurrent use of the mark ‘Ideal Home’.
The representation on appeal was the same as at first instance - James Abrahams and Isabel Jamal appeared for IPC Media, and James Mellor QC appeared for Media 10. IPC appealed on infringement. Media 10 cross-appealed on validity of the trade mark.
The Court of Appeal dismissed both appeals. It was held that Media 10’s use was not infringing because it was honest and did not have an adverse effect upon the essential function of the trade mark; the guarantee of origin was not altered from the guarantee already existing under the prolonged honest concurrent use.
As regards validity of the trade mark, it was held that Media 10 had not established that the expansion of IPC’s business into online retail services was beyond normal and fair use of the mark.

James Abrahams and Isabel Jamal were instructed by Carpmaels & Ransford LLP.
James Mellor QC was instructed by Haseltine Lake LLP.