James Abrahams QC and Maxwell Keay appeared for the Claimants (Beauty Bay) while Jessie Bowhill appeared for the Defendant (Benefit).
This was a claim for trade mark infringement and passing off relating to the marks “BEAUTY BAY” and “BEAUTYBAY”, registered in respect of cosmetics and retail services connected with cosmetics. The claim arose out of Benefit’s use of the sign BEAUTY & THE BAY on a snow-globe shaped gift tin containing cosmetics products, which had been part of the Defendant’s San Francisco-themed Christmas collection.
The trial was heard over 4 days by Mr Roger Wyand QC, sitting as a Judge of the Chancery Division. The Judge held that there was no trade mark infringement and no passing off.